Legal Treatises by Subject

This reference text provides the reader with a useful tool for detailed and reliable research. By a leading contemporary authority on tort law, the text covers conflict of law; liability of multiple tortfeasor; defenses; immunities; procedure; damages; negligence, as well as willful and wanton misconduct; causation; and comparative negligence. Also discusses specific tort theories and practice; products and premises liability; business and commercial torts; defamation; invasion of privacy; unlawful prosecution; medical malpractice; and interference with civil rights.

Federal Tort Claims offers access to the applicable rules of law, exceptions and jurisdictional conflicts, references to pertinent federal and state law, and all major recent developments in the field. In this volume, the author: discusses the law regarding tort actions against the United States, general principles and their applications, and the facts and reasoning in many cases; includes numerous case citations and extensive footnotes divided by jurisdiction.

Because the law of torts governs a wide spectrum of social and economic issues, new challenges and precedents arise constantly. This preeminent work on torts is the most complete, authoritative resource analyzing the latest developments in this turbulent field of practice. Harper, James and Gray on Torts, Third Edition, newly revised and updated in a six-volume set, gives you detailed, up-to-date information and expert guidance on rapidly changing areas.

A comprehensive guide that examines all substantive and procedural law under the Federal Tort Claims Act, including: practice and procedure; who may sue, be sued, and be joined as a party; jurisdiction and venue; elements of the cause of action; excluded claims; statute of limitations; compromise and settlement.

The new, four-volume second edition provides users with authoritative, comprehensive, up-to-date discussion and analysis of the legal principles and rules governing tort law. Tort law is always changing, and since the 1st edition was published, there have been many changes. The second edition has added large amounts of new material to address these changes, plus thousands of citations to cases decided or writings. New materials cover intentional interference with persons and property as civil rights torts; statutes of limitation and statutory compliance; the standard of care for physician assistants and possible shifts in the medical standard of care; and much more.

This work, widely relied upon and often cited by the courts, offers comprehensive and concise coverage of the law of torts, with scholarly and analytical discussion of particular rules. These volumes constitute a revision of the original Restatement of Torts and supersede the original work.

Portions of this work are superseded by the Restatement Third of Torts: Liability for Physical and Emotional Harm (2010/2012), Apportionment of Liability (2000), and Products Liability (1998).

This landmark work formulates clear principles of law governing apportionment of liability in cases where there are more actors than a single plaintiff and single defendant, different degrees of blameworthiness, derivative claims, or different tort claims against different defendants in the same case. It was drafted in response to the nearly universal adoption of comparative liability. As a result, it completely supersedes the comparable provisions in the Restatement Second of Torts.

This draft includes Chapter 1, Definitions of Intentional Torts to Persons: Transferred Intent, of which Sections 101-105;110 were submitted for approval. These sections, with the exceptions noted below, were approved by the membership at the 2015 Annual Meeting, subject to discussion at the meeting and to editorial prerogative. This approved material may be cited as representing the Institute’s position until the official text is published. The following was subject to discussion only and is not considered approved material: Chapter 1 § 101(d), and Comments f, g; § 104(b), and Comment d; and § 105(c), and Comment j.

This draft covers portions of Chapter 1 Unintentional Infliction of Economic Loss (§§ 6-8), and Chapter 2 Liability in Tort for Fraud (§§9-15).

This draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

This work addresses the basic elements of the tort action for liability for accidental personal injury and property damage as well as liability for emotional harm. The work supersedes comparable provisions in the Restatement Second, Torts.

This work comprehensively covers the complex field of products liability and addresses the liability of commercial product sellers and distributors for harm caused by their products. It supersedes § 402A of the Restatement Second, Torts and responds to issues that became serious points of contention in the courts but were not part of the products liability landscape when the earlier provision was adopted in 1964. It articulates clear answers regarding whether a product is defective by formulating three distinct categories of product defect and the legal standards appropriate to each: manufacturing defects; design defects; and inadequate instructions or warnings defects. The work also develops special rules for component parts, prescription drugs and medical devices, food, and used products.