H2O Casebook Collection

Another helping of duty, damage, and the reasonable person.

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 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 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 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.

Prof. Asaf Lubin, Indiana University Maurer School of Law (Indiana University Publishing, 2025). This version is obsolete.