Main Image

About the Book

The Torts Process

Front Cover - The Torts Process

Eighth Edition

James A. Henderson, Jr., Cornell University
Douglas A. Kysar, Cornell University
Richard N. Pearson, University of Florida

2012. 992 pages. ISBN: 978-1-4548-0615-8. With Teacher's Manual.

About the Book

The Torts Process uses a student-friendly, procedural 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 the legal and economic theory at the heart of the tort process.

The Eighth Edition is thoroughly updated to include new cases, notes and problems, and includes the finalized Restatement (Third) of Torts: Liability for Physical and Emotional Harm.
New Supreme Court decisions, including Snyder v. Phelps, are provided, and coverage of tort theory has been expanded to include the concepts of “corrective justice” and “civil recourse.”
  • Hallmark features of The Torts Process:
  • Problem-and-cases pedagogy challenges students’ understanding through theoretical and real-life situations.
  • Clear, balanced presentation enables students to understand the overarching structure and organization of tort law.
  • Lively mix of problems, cases, excerpts, notes and questions.
  • Comprehensive, process-oriented approach appropriate for full-length law school tort classes.
  • Compelling presentation of tort process and law from legal and economic perspectives.
  • Excellent Teacher’s Manual with Transition Guide, sample syllabi, and guidance for teaching problems and cases.
Thoroughly updated, the revised Eighth Edition includes:
  • Updated for recent cases and secondary sources.
  • Finalized Restatement (Third) of Torts: Liability for Physical and Emotional Harm.
  • Updated and expanded coverage of tort theory for "corrective justice" and the related "civil recourse" school of thought.
  • Thoroughly updated notes on legal ethics, and law and economics.
  • New and updated problems.
  • Updated Chapter 15 covers Supreme Court case law that may hold companies whose gas emissions contribute to climate change liable under the federal common law of public nuisance.
  • New Supreme Court cases in the areas of preemption and punitive damages, e.g., Snyder v. Phelps, concerning constitutional limitations on intentional infliction of emotional distress liability. 
  • New discussion of the BP Oil Spill Fund.

Preface / Sample Chapters