The Wide World of Torts: Reviewing Franklin and Rabin's Tort Law and Alternatives
Publication year | 2001 |
In their new edition, the authors have made substantial changes while retaining the basic organization of the materials. They have added a few new sections-most importantly one new section more fully exploring vicarious liability has been placed in the casebook's first chapter and a second highlighting work-related injuries from defective products now appears in the products liability chapter. They have also significantly revamped several other sections, including those covering medical malpractice, negligent infliction of emotional distress, and defenses to intentional tort causes of action. The authors have replaced cases in several other sections as well, even a few staples, such as
The rich and extensive notes following the principle cases remain a particular strength of the casebook. The notes serve a wide variety of purposes. And indeed, at times, the organization of the notes appears a bit of a haphazard-sometimes one can discern no obvious sequencing of notes on various concepts. Almost invariably, the first few notes following the principal case focus on the principal case itself and pose questions that encourage students to consider the case more thoroughly. These notes often highlight the implications of the case's procedural posture.
The authors also use notes to introduce substantive concepts related to the concepts illustrated in the principal case. The notes following
The notes also allow the authors to describe and briefly quote some of the old chestnuts that fail to make the casebook as principal cases. The authors cover
Often, the notes offer information regarding subsequent developments related either to the principal case or the doctrine established by the case. For instance, after
The notes also often elaborate upon the law, providing the student with the alternative approaches that courts have taken, at least when the principal case itself does not outline the alternative approaches.(fn37) In addition to providing related cases, the authors often note the
The authors also offer thought provoking questions that force students to explore the rationale and potential limits of the doctrine discussed in the principal case. The authors use thought provoking questions and notes to explore the difficulties posed when a plaintiffs injuries could have been produced by either of two completely independent causes.(fn38) Another of my favorite series of questions, which the authors discarded in the new edition, raises the slippery slope problems created by the secondary harm doctrine. Defendants are liable not only for the harm initial they cause, but also for subsequent injuries their victims suffer during the course of medical treatment. Defining the precise extent of defendant's liability for subsequent mishaps presents difficulties-not every subsequent injury should be attributable to the initial defendant's negligence. For example, if a plaintiff suffers injury in a traffic accident that occurs two weeks after defendant negligently caused him injury and while the plaintiff is being transferred from one hospital to another in an ambulance proceeding at normal speed, should defendant still bear legal responsibility for the injuries that the plaintiff sustained in that later mishap?(fn39) Yet other examples of such thought provoking notes are those raised in connection with economic harm and egg shell plaintiff cases, when the authors ask whether some plaintiffs should be expected to selfinsure.(fn40)
Finally, the notes also provide key source material that provides a good starting point for research. However, the authors manage to avoid providing an undue clutter of sources.
In several respects, Franklin and Rabin's casebook provides a wonderful and effective vehicle for teaching torts, particularly to first-year students. The book develops important overarching themes while effectively presenting a wide variety of specific tort doctrines. The book also offers professors opportunities to sharpen students' legal abilities. In Part I of this review, I will discuss the first case in Franklin and Rabin's book and explain its usefulness in introducing several themes that both are critical to understanding tort law and assume a prominent place throughout the casebook. In Part II, I will focus on Franklin and Rabin's treatment of particular topics within the field of torts. I will concentrate on the materials regarding four aspects of negligence causes of action: duty to avoid exposing others to emotional harm unaccompanied by physical injury, medical malpractice, regulatory compliance, and proximate cause. I will also critique the materials addressing products liability, intentional torts, defamation, and privacy.(fn41) In Part III, I will discuss the usefulness of the casebook in imparting lawyering skills to first-year students-skills such as thinking creatively about facts, appreciating the importance of developing facts, legal analysis, and appreciating the procedural posture of cases.
i.
The text's first case,
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