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Torts: Basic Fluency in a Fundamental Legal Language (Revised)
First published Aug 2023
and updated Aug 2024
This casebook is for first year students learning torts. It adopts the philosophy that tort is a fundamental area of the law, in the sense that it articulates and flexibly employs a suite of concepts--duty, right, reasonableness, causation, foreseeability, and more--that are present throughout legal thinking. Consequently, understanding tort law is, perhaps not unlike other areas of law, an exercise in gaining facility with a set of tools for addressing conflicts in the way people live. This casebook seeks to impart that understanding by using a diverse span of cases, organized to illustrate the way that rules require judgment to be applied, and that judgments of this kind frequently differ.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.