Thomas Kadri, ‘Tort Law: Cases and Critique’

ABSTRACT
A tort is a wrong. In a tort suit, the plaintiff demands a remedy by alleging that the defendant wronged them. Tort law determines what counts as a tort, how plaintiffs may establish their claims, when defendants may avoid liability, and which remedies plaintiffs may seek. Simply put, tort law is about civil legal protection of bodily autonomy, emotional integrity, property rights, and dignitary interests.

This casebook explores tort law’s practice, structure, and theory by examining a range of torts. The cases range from mundane and amusing disputes to serious and shocking situations. I expect you’ll find that some outcomes make sense as a matter of justice, some make sense as a matter of policy, some make sense as a matter of history or politics, and some make no sense at all. The best way to learn torts, I think, is to study a broad set of cases, thinking critically about nuanced and controversial concepts like harm, duty, consent, and causation. Tort law isn’t static – in many areas, the doctrine’s past and present are both connected and divergent. Shifting social norms, new technologies, and changes in other legal regimes can all shape and be shaped by tort law. I love this class, and I hope you’ll enjoy it too.

Kadri, Thomas, Tort Law: Cases and Critique (2021).

First posted 2021-11-30 15:00:00

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