Best Law of Tort Books: Must-Read Books for Law Enthusiasts
Overview of Law of Tort Basics
Before you pick up any of the books I suggest, you need to know what tort law is all about. The common law of torts is the study of civil wrongs and remedies. The term "tort" is a French term meaning "wrongful act." This body of law deals with actions that cause harm or loss to individuals. Tort law is distinct from criminal law, which deals with actions harmful to society as a whole. A tort is a personal injury, which can be either intentional or negligent.
Liability in tort occurs when the defendant has breached a duty to conform to a specific standard of conduct intended to protect others (e.g., a duty to drive safely, when safety regulations have been set by the legislature) and the breach has caused the plaintiff to suffer injuries. The damages (i.e., harms or losses) eligible for recovery in tort actions are usually classified as either "physical" or "economic." Physical damages include both past (e.g., physical pain, medical bills) and future (e.g., future surgeries, future pain) effects of the injury. Economic damages include items such as lost earnings and loss of future earning capacity.
Torts fall into three broad categories: negligence, intentional, and strict liability . The most familiar of these is negligence. If someone fails to uphold a duty to protect a person from unreasonable risks of injury, that breach of duty is negligence. For example, car accidents are a common form of negligence. Intentional torts involve willful violations of others’ rights, and they include assault and battery, invasion of privacy, and fraud. Strict liability is a relatively new category and includes things like products liability and some species of intentional torts in which the defendant’s motive or intent does not matter so long as some harm to the plaintiff occurred. Strict liability is used to protect people from unknowable or unforeseen dangers. For example, when a large corporation produces a defective product, such as a drop-side crib or seatbelt, that causes injury to consumers. The vast system of tort law is both indispensable and dysfunctional. Just the shear volume of law confuses some practitioners and consumers. Nevertheless, tort law serves a very useful function in the economy. It provides a system of compensating victims of civil wrongs; it deters wrongdoing by punishing the wrongdoers; and it reconciles social conflict when the injury could not be avoided.
Recommended Books About Law of Tort
1. Clerkson v MacAulem and The Law of Tort – 9th Edition by Winfield and Jolowicz
This book is one of the most comprehensive and detailed books on the law of tort not only in the UK but also in the field of law generally. It has continuous publication for over 80 years and it is very famous among UK tort barristers and solicitors. There is nothing much to say about this book other than that it acts as an authority on tort law in the UK.
2. Prosser and Keeton on Tort by William L. Prosser and W. Page Keeton
This book is originally published in America and it is one of the best books when it comes to tort law. Prosser and Keeton on Tort covers various torts along with related legal issues. The book has 20 chapters covering all aspects of tort law in detail. This book is one of the best books for students and law practitioners on tort law.
3. Taking Responsibility: Four Steps to Resolving Medical Conflict by John Tingle
Taking Responsibility is a book that deals with torts relating to medical negligence. Written by John Tingle, a lecturer in medical law at Nottingham Law School, this book helps readers understand the legal implication surrounding medical negligence both legally and socially. The book provides readers with a better understanding of the need to draft for statutory regulation of doctors to overcome the issue relating to medical negligence.
4. Law of Tort – Outlines by Joseph Rasheduzzaman
Law of Tort Outlines is a 60-page book outlining the major areas and principles of tort law. It covers areas such as general principles of liability, defences and limitation. It also provides case summaries, outline answers as well as exam questions and answer paper. Overall it is a good read for law students looking to revise for their tort exam.
5. Tort Law: Text and Materials by Emily Finch and Stefan Fafinski
This book is written for students studying tort law on their own. The being said the book is filled with case studies, extracts and commentary. The book is structured into 9 chapters each focusing on key areas of tort law. The authors provided comments and discussions on issues and it’s wide ranging engagement with instances makes the student’s experience enjoyable.
Comparing Various Law of Tort Books
The depth and breadth of coverage with respect to tort law will vary from book to book. Additionally, the scope of each book may be limited to specific areas of tort law, such as negligence or intentional torts. In Torts In One Lesson, the author, Walter Olson, advocates for true tort reform. Further, in his book, Tort Law, Morton J. Horwitz advocates for a revision of tort law, as he believes that there is a crisis in our current system. Notably, Professor Horwitz was formerly the Benjamin N. Cardozo Professor of Law at Yeshiva University. He was also an adjunct professor at Harvard Law School. Both of these authors are from the same conference, but their perspectives are completely different because their backgrounds are different in important respects. As such, both Tort In One Lesson and Tort Law are very important reads. Because each book is limited to the area of the author’s specialty, each has merit, as they each provide a unique perspective on the subject of tort law.
Another, more recent, law book, and one which focuses on specific aspects of tort law, is The Liability Revolution: Costs And Consequences of America’s Injury Crisis. This book was edited by Michael J. Saks and Peter D. Blanck. This book is a compilation of articles and essays written by multiple legal scholars and is a great resource to have handy for reference. It provides a great background of the relevant issues facing tort law – both past, present and future. Indeed, Tort Law professes to explain how tort law developed to "address certain kinds of social problems and how it evolved in response to changes in both the understanding of those problems and policy values that framed their solution." Id. at 1. Professor Horowitz provides detailed coverage of a variety of issues in tort law such as various defenses and immunities, including discussions of theories of causation. See section I, Causation and the Issue of Risk. This writing style is reflective of the author’s academic background and reasoning. Horowitz delves into the ideas, concepts and history behind tort law and truly aims to provide the reader with an understanding of what the authors categorized as "crises in tort law." A more practical, "how to" – style approach, however, is offered by Walter Olson – instead of a reformation of tort law, the author suggests common-sense solutions to issues faced by the liability system. See section 4, Medical Liablity. In this section, the author includes a detailed discussion about present-day medical liability systems and problems. Indeed, the author states that "the central problem in malpractice law is that it’s already too damned hard to find a reputable expert willing to give an opinion." Id. at 105. The author goes on to offer some interesting recommendations to address this issue, for example, rather than providing the opportunity for the expert to testify during a trial, the court should appoint a board to review the issue. Although this book, Tort In One Lesson, is focused on the American tort system, the recommendations and suggestions are applicable to other countries. Horowitz’s Tort Law, on the other hand, includes a comparative section, discussing tort law in several other countries, including Germany, England, Japan, France, Italy and Sweden.
Reviews and Reader Guides: What People Are Saying About Tort Law Books
These books on the law of torts have all been well received by experts in the field, as evidenced by the reviews and ratings they have garnered. John C.P. Goldberg of Harvard Law quotes extensively from David Owen’s "Prosser and Keaton on Torts" and its treatment of proximate cause, and Becker of the University of Miami includes it in her own list of recommendations. In his three-part reading guide, Mark Geistfeld of New York University School of Law mentions "Prosser and Keaton on Torts" multiple times in his recommended volumes — including recommending them to begin a successful law career in this day and age. Fred Zacharias of Rutgers Law School named "Prosser and Keaton on Torts" one of the "ten leading lawshaping books of the last 50 years." Richard Epstein of the New York University School of Law, in his review of "Prosser and Keaton on Torts" called it "probably the single best legal book that one could recommend on any topic" and recommends it to all legal professionals no matter their profession . Frederick W. Greene of the University of Washington School of Law also recommends "Prosser and Keaton on Torts" for law school students, citing its lack of complexity while providing information and context. He only mentions two other tort law books as being of note. Bolstering his praise, Richard A. Epstein of the University of Chicago Law School calls "Prosser and Keaton on Torts" "the classic modern treatise on tort law," while noting that it has an expansive discussion of "public policy definitions of the range of liability" for tort law. Charles Rembar of Columbia Law School names "Prosser and Keaton on Torts" as the "leading work at the end of the century as a good guide to theory and critical commentary" on tort law. Carl T. Bogus of The George Washington University Law School commented on the curricular value of "Prosser and Keaton on Torts," calling it both "excellent" and "indispensable."
How to Pick the Right Law of Tort Book for You
A good starting point for choosing the right tort book to read is to assess your level of expertise in the subject. Are you completely new to tort law and looking for a general overview? If so, a general introduction to the subject like Jaffe & Lawson’s Tort Law Perspectives or an introductory treatise should be the best option. Looking for insight into a particular area of tort law? For example, if you are interested in medical malpractice liability, books specifically focusing on that topic will be the most useful for you.
Your interest level is also important. Experts in the field might be looking for more advanced resources, while more basic readers might want a more general introduction.
Finally, it’s also important to take into account your particular area of focus within the tort law such as product liability, medical malpractice, environmental liability, etc. Even if you’re a generalist in your field, there are probably books that speak directly to your area of expertise that are more tailored and aide you more.
Future Trends in Law of Tort
The future of tort law education is continuously shaped by broader social, technological, and legal reforms. As digital tools become indispensable in the practice of law, so too do they find a place in the academic field. The use of online resources and databases is not only more convenient for students but also presents new opportunities for interactive learning. Institutions are increasingly investing in virtual classrooms and providing access to an expansive range of articles, commentaries, and casebooks online . Moreover, as the world becomes more interconnected, international law is evolving to address the complexities of transnational harms. Tort law books are no exception, with new literature seeking to merge domestic laws and international standards for a more holistic approach to global issues such as climate change and pandemic liability. A growing interest in criminalization of tortious conduct and principles of restorative justice suggest an evolution that is further concerned with the moral implications of compensation and restitution, rather than simply holding wrongdoers accountable.