The Torts Process

Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts.

The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory

New to the Tenth Edition:

• Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm.
• A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America.
• A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities.
• New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes.
• Significant revamping of Chapter 5's treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change.
• Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com's treatment as a product seller.
• Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including:
  • Bassett v. Lamantia (public-duty doctrine)
  • Warren v. Dinter (medical malpractice)
  • Gomez v. Crookham Co. (worker's compensation benefits and wrongful death)
  • Rich v. Fox News Network, LLC (emotional distress)
  • Gilmore v. Jones (defamation)
  • Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy)

Professors and students will benefit from:

• Problem-and-cases pedagogical approach challenges students' understanding through theoretical and real-life situations.
• Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law.
• Lively mix of problems, cases, excerpts, notes and questions.
• Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses.
• Compelling presentation from multiple scholarly and interdisciplinary perspectives.
• Sensitive treatment of tort law's implications for race, sex, and gender equity.