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John Diamond - Understanding Torts (Understanding Series)

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This Understandingtreatise is the perfect complement to first-year tort courses and is suitable for use with any tort casebook. Concise and authoritative, Understanding Torts features:

  • Comprehensive and up-to-date coverage of intentional torts, privileges, negligence, cause-in-fact, proximate cause, defenses, joint and several liability, damages, strict liability, products liability, economic torts, malicious prosecution, abuse of process, defamation, and invasion of privacy;
  • Judicious use of footnotes to provide full, but not overwhelming, primary and secondary support for textual propositions;
  • Clear organization and writing to enhance understanding of basic concepts and major cases covered in a torts course; and
  • In-depth analysis of topics that generate the greatest confusion and controversy.

This edition includes explanation and analysis of new Restatement (Third) Intentional Tort provisions including battery, assault, false imprisonment, and transferred intent as well as proposed new Intentional Economic Tort provisions. The text also includes United States Supreme Court developments limiting punitive damages and other new case law.

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Understanding Torts C AROLINA A CADEMIC P RESS U NDERSTANDING S ERIES - photo 1
Understanding Torts
C AROLINA A CADEMIC P RESS U NDERSTANDING S ERIES
Understanding Administrative Law, 6e
William Fox, Jr.
Understanding Alternative Dispute Resolution
Kristen Blankley and Maureen A. Weston
Understanding Animal Law
Adam Karp
Understanding Antitrust and Its Economic Implications, 6e
E. Thomas Sullivan and Jeffrey Harrison
Understanding Bankruptcy, 3e
Jeffrey Ferriell and Edward Janger
Understanding California Community Property Law
Jo Carrillo
Understanding Capital Punishment Law, 4e
Linda Carter, Ellen Kreitzberg, and Scott Howe
Understanding Civil Procedure, 5e
Gene Shreve, Peter Raven-Hansen, and Charles Geyh
Understanding Civil Procedure: The California Edition
Walter W. Heiser, Gene Shreve, Peter Raven-Hansen, Glen Earl Weston, and Charles Geyh
Understanding Civil Rights Litigation, 2e
Howard M. Wasserman
Understanding Conflict of Laws, 4e
William Richman, William Reynolds, and Chris Whytock
Understanding Constitutional Law, 4e
John Attanasio and Joel Goldstein
Understanding Contracts, 4e
Jeffrey Ferriell
Understanding Copyright Law, 6e
Marshall Leaffer
Understanding Corporate Law, 5e
Arthur Pinto and Douglas M. Branson
Understanding Corporate Taxation, 3e
Leandra Lederman and Michelle Kwon
Understanding Criminal Law, 8e
Joshua Dressler
Understanding Criminal Procedure: Vol. 1: Investigation, 7e
Joshua Dressler, Alan C. Michaels, and Ric Simmons
Understanding Criminal Procedure: Vol. 2: Adjudication, 4e
Joshua Dressler and Alan C. Michaels
Understanding Disability Law, 2e
Mark C. Weber
Understanding Election Law and Voting Rights
Michael R. Dimino, Bradley A. Smith, and Michael E. Solimine
Understanding Employee Benefits Law
Kathryn Moore
Understanding Employment Discrimination Law, 2e
Thomas Haggard
Understanding Employment Law, 2e
Jeffrey M. Hirsch, Paul M. Secunda, and Richard Bales
Understanding Environmental Law, 3e
Philip Weinberg and Kevin Reilly
Understanding Estate and Gift Taxation
Brant Hellwig and Robert T. Danforth
Understanding Evidence, 4e
Paul Giannelli
Understanding Family Law, 4e
John Gregory, Peter N. Swisher, and Robin Wilson
Understanding Federal and California Evidence
Paul Giannelli
Understanding Federal Courts and Jurisdiction, 2e
Linda Mullenix, Martin H. Redish, and Georgene Vairo
Understanding Federal Income Taxation, 5e
J. Martin Burke and Michael Friel
Understanding The First Amendment, 6e
Russell L. Weaver
Understanding Immigration Law, 2e
Kevin R. Johnson, Raquel Aldana, Ong Hing, Leticia Saucedo, and Enid Trucios-Haynes
Understanding Insurance Law, 6e
Robert H. Jerry, II and Douglas Richmond
Understanding Intellectual Property Law, 3e
Donald Chisum, Tyler T. Ochoa, Shubha Ghosh, and Mary LaFrance
Understanding International Business and Financial Transactions, 4e
Jerold Friedland
Understanding International Criminal Law, 3e
Ellen S. Podgor and Roger S. Clark
Understanding International Law, 2e
Stephen McCaffrey
Understanding Jewish Law
Steven Resnicoff
Understanding Juvenile Law, 5e
Martin Gardner
Understanding Labor Law, 4e
Douglas E. Ray, Calvin William Sharpe, and Robert N. Strassfeld
Understanding the Law of Terrorism, 2e
Erik Luna and Wayne McCormack
Understanding the Law of Zoning and Land Use Controls, 3e
Barlow Burke
Understanding Lawyers' Ethics, 5e
Monroe H. Freedman and Abbe Smith
Understanding Local Government, 2e
Sandra Stevenson
Understanding Modern Real Estate Transactions, 4e
Alex M. Johnson, Jr.
Understanding Negotiable Instruments and Payment Systems
William H. Lawrence
Understanding Nonprofit and Tax Exempt Organizations, 2e
Nicholas Cafardi and Jaclyn Cherry
Understanding Partnership and LLC Taxation, 4e
Jerold Friedland
Understanding Patent Law, 3e
Amy Landers
Understanding Products Liability Law, 2e
Bruce L. Ottley, Rogelio Lasso, and Terrence F. Kiely
Understanding Property Law, 4e
John Sprankling
Understanding Remedies, 3e
James Fischer
Understanding Sales and Leases of Goods, 3e
William H. Henning, William H. Lawrence, and Henry Deeb Gabriel
Understanding Secured Transactions, 5e
William H. Lawrence, William H. Henning, and R. Wilson Freyermuth
Understanding Securities Law, 7e
Marc I. Steinberg
Understanding Taxation of Business Entities
Walter Schwidetzky and Fred B. Brown
Understanding Torts, 6e
John Diamond, Lawrence C. Levine, and Anita Bernstein
Understanding Trademark Law, 3e
Mary LaFrance
Understanding Trusts and Estates, 6e
Roger W. Andersen and Susan Gary
Understanding White Collar Crime, 4e
J. Kelly Strader
Understanding Torts
SIXTH EDITION
John L. Diamond
P ROFESSOR OF L AW
U NIVERSITY OF C ALIFORNIA H ASTINGS C OLLEGE OF THE l AW
Lawrence C. Levine
P ROFESSOR OF L AW
U NIVERSITY OF THE P ACIFIC M C G EORGE S CHOOL OF L AW
Anita Bernstein
A NITA AND S TUART S UBOTNICK P ROFESSOR OF L AW
B ROOKLYN L AW S CHOOL
Copyright 2018 Carolina Academic Press LLC All Rights Reserved Library of - photo 2
Copyright 2018
Carolina Academic Press, LLC
All Rights Reserved
Library of Congress Cataloging-in-Publication Data
Names: Diamond, John L., author. | Levine, Lawrence C., author. | Bernstein,
Anita, author.
Title: Understanding torts / John Diamond, Lawrence C. Levine, and Anita
Bernstein.
Description: Sixth edition. | Durham, North Carolina : Carolina Academic
Press, LLC, [2018] | Series: The understanding series | Includes
bibliographical references and index.
Identifiers: LCCN 2018007272 | ISBN 9781531009755 (alk. paper)
Subjects: LCSH: Torts--United States.
Classification: LCC KF1250 .D5 2018 | DDC 346.7303--dc23
LC record available at https://lccn.loc.gov/2018007272
eISBN 978-1-53100-976-2
Carolina Academic Press, LLC
700 Kent Street
Durham, North Carolina 27701
Telephone (919) 489-7486
Fax (919) 493-5668
www.cap-press.com
Printed in the United States of America
JLD: With love to my wife, Lucia, my son, Danny, and my mother, Rhoda Diamond, and
in loving memory of my father, Monroe Thomas Diamond .
LCL: With love to my sister, Diane, and to my nephews, Ben and Alex, and with thanks
to my students for making each class a new adventure .
AB: In honor of Guido Calabresi, a Torts mentor to many, and with thanks to my Torts
students, from whom I learn every new year .
Contents
Preface
We are pleased to present the sixth edition of Understanding Torts . The response to the first five editions from students and professors has been gratifying. We hope and expect that you will find this updated version of the book equally helpful.
This book examines the common law of torts. A tort is a civil wrong beyond a breach of contract for which the law provides relief. The law of torts focuses on private rights of redress, where aggrieved parties bring actions in tort to recover damages for the harm caused by defendants. Contrast this to the criminal law where the State, through government-employed prosecutors, pursues the action and exacts the punishment.
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