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The Forms and Functions of Tort Law, 3d (Concepts and Insights) 3rd Edition

by Kenneth S. Abraham (Author)
4.3 4.3 out of 5 stars 11 ratings
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The Forms and Functions of Tort Law (Concepts and Insights)
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The perfect accompaniment to any torts casebook, The Forms and Functions of Tort Law covers all the major cases and issues in the standard torts course, sharing Professor Abraham's scholarly insights developed over 25 years of teaching. This analytical text addresses the cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. The straightforward, readable text in this paperback addresses both rules and policy and presents topics in a way that helps students grapple with the issues more effectively. Organized in the traditional manner, topics covered include intentional torts, negligence, cause-in-fact, proximate cause, defenses, strict liability, nuisance, products liability, damages, tort reform, invasion of privacy, defamation, misrepresentation, and the economic interference torts. Each chapter stands on its own, making the book ideal for use as a classroom text as well as for self-directed reading by students.
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  1. ISBN-10
    1599412004
  2. ISBN-13
    978-1599412009
  3. Edition
    3rd
  4. Publisher
    Foundation Press
  5. Publication date
    July 23, 2007
  6. Language
    English
  7. Dimensions
    6.25 x 0.75 x 9.25 inches
  8. Print length
    309 pages
  9. See all details
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Product details

  • Publisher ‏ : ‎ Foundation Press; 3rd edition (July 23, 2007)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 309 pages
  • ISBN-10 ‏ : ‎ 1599412004
  • ISBN-13 ‏ : ‎ 978-1599412009
  • Item Weight ‏ : ‎ 1.05 pounds
  • Dimensions ‏ : ‎ 6.25 x 0.75 x 9.25 inches
  • Customer Reviews:
    4.3 4.3 out of 5 stars 11 ratings

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Kenneth S. Abraham

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Customer reviews

4.3 out of 5 stars
4.3 out of 5
11 global ratings

Top reviews from the United States

Stephen Caperton
5.0 out of 5 stars Excellent study aid
Reviewed in the United States on December 13, 2012
Most hornbooks are overly complicated or to brief, the case analysis series is an excellent look at the reasoning behind the law through case analysis. I heartily recomend that you read this series before and after covering a section. It will greatly enhance your understanding
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Tina K
3.0 out of 5 stars Good Basic Overview of Tort Law
Reviewed in the United States on June 10, 2009
Verified Purchase
This book is good as a basic introduction to Torts. It's condensed, which makes it easy to read and understand. However, it lacks any discussion of certain areas, such as trespass (including status of invitees, licencees, and description thereof), as well as information regarding "special" duty owed by inkeepers, etc. If you want to study for the bar, or for even a first-year Torts exam, find another book. It would be ideal, however, as a supplement for your first-year Torts class.
4 people found this helpful
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Andy Ligotti
3.0 out of 5 stars Recommended by Professor
Reviewed in the United States on December 19, 2012
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My Professor recommended this supplement and like any good 1L, I ran out and bought it. All in all it was helpful, but I don't think I needed it in addition to my casebook and class notes. Still, if you're struggling to understand a concept in Torts, I'd pick it up.
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Allison Huebert
5.0 out of 5 stars Best overview of torts available for those who want an intellegent understanding of more than just the black letter law
Reviewed in the United States on July 18, 2010
My favorite book during my first year of law school. I was lucky enough to have the author as my professor, but for those who aren't so fortunate, this is a pretty decent substitute. Great for those who are fascinated with tort law and those who are just trying to wrap their head around the subject. Not the thing to read the morning before the exam, but a great book to have on hand throughout the semester (and I think it would be especially helpful to read it prior to starting law school).
One person found this helpful
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ClosetNerd
3.0 out of 5 stars Good: Great policy, concise -- Bad: Condensed with little/no coverage of some common topics.
Reviewed in the United States on May 1, 2010
If you are looking for a book to go along with classroom discussion, this is not it. However, for first semester, this book covers the materials fairly well. By second semester coverage is spotty. Well written, but the real gem of this book is its coverage policy and the "why" of tort laws and court decisions. although some coverage is thin, this book covers the material in a way others lack. I actually read the first 100 pages prior to law school, but it became too difficult to understand for the amount of explanation given. If you have a policy based class this book is well suited as a supplement. If not, then use this more for policy and the first couple of months. Better supplements exist as you can read below.

I used various supplements for this class. Before buying all of them, I would go to your law library and look them over, use them for your class and see if they are presented in a way that works for you. My biggest mistake was thinking by using supplements I would learn less or get screwed up. Professors tell you whether they like supplements or not, but if you use them to prepare for class, still at least go through the cases and take NOTES from what they say, you will do far better.

I will explain the supplements I used and how I studied for class and the final. This was by far the best professor I have ever had, using hypos and working through them in class frequently. She taught like many of the supplements, which is why I relied on them less here then in other classes.

First and foremost,  Emanuel Law Outlines: Torts  is great. It is amazing if keyed  Emanuel Law Outlines: Torts keyed to Prosser, 11e  to your casebook like mine  Cases and Materials on Torts (University Casebook Series) . This means the supplement follows along with your casebook and cases. In the first semester I read  Understanding Torts  to get a more in depth and overall explanation of the material covered. At times if my class covered less I would switch to  Acing Tort Law (Acing Law School)  for a conceptual overview. Then I used  Emanuel Law Outlines: Torts  for an overview of the assigned material. Then I did the assigned reading, which was much easier with  Emanuel Law Outlines: Torts keyed to Prosser, 11e  because it is keyed to the casebook (switched to this halfway through 1st semester). Next I took brief notes to work out an outline for the steps used to analyze fact patterns. Here, Acing Torts is particularly helpful because it has a great checklist (see my review because it is arranged oddly in the book). Last I scanned the relevant chapter in Abraham to get policy for my notes. The key with this book was understanding why Courts created a law or why they decide certain ways in a case. If in a policy based class this book is essential. After class I quickly ran through my notes and organized them a bit into a rough outline (10-15 mins). Then on the weekend I would work on hypos she gave and use  The Law of Torts: Examples & Explanations, Third Edition  to work through more confusing topics and practice writing hypos.

By 2nd semester I used the Understanding book less and less because I picked up on the material quicker. I relied heavily on Acing Torts and Emanuel (using Abraham for bits of great policy arguments).

These books collectively were not necessary, but they helped. If short on cash, the books from most helpful to least are your required casebook, Emanuel (especially if keyed), Acing Torts, Understanding Torts (1st semester and half of 2nd), E&E, and this book. However, some prefer E&E for explanation over Understanding. Last, is Crunchtime (this includes only portions of the full outline). Also, I have used  Siegel's Torts: Essay and Multiple-Choice Questions and Answers  from the library for practice in other classes, which may be preferable for many people.

See my other reviews regarding the above books mentioned. However, only the first couple paragraphs will be different.

Good Luck, I will try and answer any comments!
3 people found this helpful
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Farmer Brown
5.0 out of 5 stars A Few Tort Areas Clarified.
Reviewed in the United States on May 23, 2019
Verified Purchase
This book provides some in depth understanding about the legal basis for some of our torts law. Why not learn more about something?
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