Torts in a Nutshell (Nutshell Series)
by Edward J. Kionka
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Book Summary Information
Author: Edward J. KionkaEdition: Paperback
Audio: English (Original Language); English (Unknown); English (Published)
Published: 2005-04-01
ISBN: 0314152199
Number of pages: 515
Publisher: West
Book Reviews of Torts in a Nutshell (Nutshell Series)
Book Review: Torts by Kionka
Summary: 5 Stars
The fundamental rationale of torts admits to the fact that someone has been harmed. The common law developed a tort froma group of wrongs including trespass, deceit, slander, assault and battery convergence and a number of other offenses. The mainstay claim is that someone has sustained a loss because of another's act or failure to act. Therefore, a common element of
tort liability is fault. The tortious conduct must fall below an accepted community threshold or standard of behavior/performance.
Tort law has three main functions. It seeks compensation to the
person(s) incurring a loss as a result of another's conduct.
It places the cost of compensation on those who should bear
responsibility. The ultimate goal is to prevent a future recurrence/harm. In its simplest form, cause in fact is established by evidence which tends to show that the defendant's act or omission was a necessary antecedent to the plaintiff's
injury. Generally, a jury need only draw a reasonable inference
of causation so that its determination is final.
The work has a generous coverage of the origins of torts,
causation, strict liability, liability for negligent conduct,
intentional misconduct, defenses, special liability rules,
damages for physical harm and immunities. The work is a worthy
purchase for a wide constituency of users in government, law
and academe.
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