Torts: Cases and Materials / Aaron D. Twerski, Irwin and Jill Cohen Professor of Law, Brooklyn Law School; James A. Henderson, Jr. Late Frank B. Ingersoll Professor of Law, Emeritus Cornell Law School; W. Bradley Wendel, Edwin H. Woodruff Professor of ...
Written first and foremost as a teaching tool, Cases and Materials, is a casebook that engages students without avoiding the hard questions. Modeled on the venerable Prosser casebook, but intended to be modern, accessible, and yet sophisticated, this book consistently gets high marks from students for being clear, user-friendly, and not playing hide-the-ball like so many other casebooks. Challenging hypotheticals and authors’ dialogues engage students while allowing instructors to probe more deeply into ambiguous or developing areas of law. The book’s manageable length makes it ideal for a three- to four-hour introductory Torts course.
New to the Fifth
Cases that are judiciously edited, so as to let the judges’ voices be heard, along with the inclusion of dissenting opinions where important.Numerous recent cases have been added both in the notes and as principal cases, while old material has been pruned back to reduce unnecessary bulk.Continued integration of the Third Restatement throughout the book, including caselaw development following the new Restatement (particularly in the area of foreseeability, duty, and proximate cause).Professors and student will benefit
Text designed to clarify the law, not further befuddle students.Explanations, note cases, and hypotheticals that are aimed at increasing understanding.Writing style written in a conversational manner to be plain-spoken and transparent about both the law and the authors’ pedagogical goals.
Read for Torts. It's a pretty traditional casebook. I remember not loving that there would be a bunch of hypos that would have zero explanation at all (I get that some concepts don't have a discrete answer, but it would have been nice if they offered an explanation of that).
Bea is driving a manual transmission car (for which she has no license, in violation of a state statute) when she loses control and crashes into a fire hydrant. The broken hydrant spews water all over the street, causing Charlie to lose control of his car and crash into an electricity pole. The pole knocks out electricity on the entire block. Dee is walking in a stairwell in an apartment building on that block when the lights go out, causing her to fall down the stairs and break her leg.
Discuss the rights and liabilities of all the parties.
This book tells you frankly what the law of torts is. But it is designed to work with Prof Twerski's classes. In the classes, Prof Twerski will tell you why the cases are there in the book and his criticisms of them. With his comments in the classes, you can see a system of torts law. He has a lot of criticisms about the cases, but his way of saying it is "I don't understand why the court did this when it could do that" rather than "This court is wrong and should do that," so I've learned a very polite way of criticizing people :)