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The Common Law Process of Torts

David Weissbrodt, Regents Professor and Fredrikson & Byron Professor of Law, University of Minnesota Law School; Mary Patricia Byrn, Professor of Law, William Mitchell College of Law; The Late Donald Marshall, Professor and Law Alumni Distinguished Teacher, University of Minnesota Law School

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2nd Edition
ISBN: 9780327178446
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This book seeks to explain tort law through an examination of the common law process and the substantive rules and principles that have emerged as a result. The Common Law of Process of Torts introduces students to legal reasoning. Students learn not only how to understand the rationale behind judicial opinions, but also how to predict and develop the legal arguments that will likely be successful. The limited scope of the casebook focuses and sharpens the students' understanding of the crucial issues of substantive tort law. Perhaps more importantly, it helps explain the nature of law and the law's relationship to justice.

The Common Law of Process of Torts also assists beginning law students in understanding the procedural context in which torts cases arise and thus developing an additional perspective on civil procedure. Although many beginning law students find civil procedure to be quite difficult, the casebook's explanations and contextual examples of key procedural devices act as a user-friendly and practical guide to that area of law.

Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

Table of Contents

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Chapter I. Introduction


Chapter II. Case Analysis


Chapter III. Theories of Liability in Tort


Chapter IV. Intentional Torts

    A. Voluntary Acts and Intent

    B. Battery

    C. Assault

    D. False Imprisonment

    E. Intentional Infliction of Severe Emotional Distress

    F. Other Intentional Torts

    G. Defenses to Intentional Torts


Chapter V. Negligence

    A. Introduction to Negligence

    B. Reprise: Understanding Negligence in Context

    C. Duty to Use Reasonable Care

    D. Breach of Duty

    E. Cause-in-Fact

    F. Proximate Cause

    G. Limitations on Duty

    H. Affirmative Defenses


Chapter VI. Strict Liability

    A. Respondeat Superior

    B. Abnormally Dangerous Activities


Chapter VII. Achieving the Goals of the Torts System


Appendix: Sample Exams

Table of Statutes

Table of Cases

Subject Index