Customer Reviews

Torts in a Nutshell (West Nutshell Series)

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Honestly, this is a book you don't need. Torts are not that difficult and this text is not the best aid for a student. While it comprehensive on the subject, you'd be better served to supplement your casebook with a guide like an Emanuel or Gilberts. Because Torts are not that complex, the brevity and structure of those two will probablely better serve you when it comes time for the final. Furthermore, the Emmanuel's has two additions and tries to match sections to your casebook. While in general it is a fine book, if I were a student, I would go another route.

The work has a generous coverage of the origins of torts,
causation, strict liability, liability for negligent conduct,
intentional misconduct, defenses, special liability rules,
damages for physical harm and immunities. The work is a worthy
purchase for a wide constituency of users in government, law
and academe.

The author explains many details on the fundamental
rationale of torts which admits to the fact
that someone has been harmed. The common law
developed a tort from a group of wrongs including
trespass, deceit, slander, assault and battery
convergence and a number of other offenses.

The mainstay claim amplified by the author
is that someone has sustained a loss because
of another's act or failure to act. Therefore,
a common element of tort liability is fault.
The tort conduct must fall below an accepted
community threshold or standard of behavior/
performance.

Tort law has three main functions explained
in the book. It seeks compensation to the
person(s) incurring a loss as a result of
another's conduct. It places the cost of
compensation on those who should bear
responsibility. The ultimate goal is to
prevent a future recurrence/harm. In its simplest
form, cause in fact is established by evidence
which tends to show that the defendant's act
or omission was a necessary antecedent to the
plaintiff's injury. Generally, a jury need
only draw a reasonable inference of causation
so that its determination is final.