Tort Law: Cases & Critique

30 Pages Posted: 29 Nov 2021 Last revised: 8 Aug 2022

See all articles by Thomas Kadri

Thomas Kadri

University of Georgia School of Law

Date Written: 2022

Abstract

Note: This version is just the Introduction and part of Chapter 1. To access the full casebook for free, visit https://www.thomaskadri.com/casebook.

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.

Keywords: Torts, tort law, battery, assault, consent, negligence, malpractice, defamation, privacy, IIED, false imprisonment, strict liability

Suggested Citation

Kadri, Thomas, Tort Law: Cases & Critique (2022). Available at SSRN: https://ssrn.com/abstract=3967754 or http://dx.doi.org/10.2139/ssrn.3967754

Thomas Kadri (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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