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About the Book

The Torts Process

Front Cover - The Torts Process

Ninth Edition

James A. Henderson, Jr.
Frank B. Ingersoll Professor of Law, Emeritus
Cornell University Law School 

Douglas A. Kysar
Deputy Dean and Joseph M. Field '55 Professor of Law 
Yale University Law School

Richard N. Pearson
Cone, Wagner, Nugent, Johnson, Hasouri & Roth Professor of Law Emeritus
Frederic G. Levin College of Law, University of Florida

2017. Approx. 1050 pages. ISBN: 978-1-4548-7569-7.

Need the Eighth Edition instead? Click here. 

With Teacher's Manual.

About the Book

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 Ninth Edition:

  • Comprehensive updating and expansion throughout of the casebook’s “Law and Behavior” notes which summarize social scientific and empirical research on human behavior, legal decisionmaking, and the tort system.
  • Expanded substantive coverage on numerous topics (e.g., market share liability, governmental immunity, insurance, and alternative compensation mechanisms).
  • Revisions reflect contemporary concerns and challenges, such as incorporating a new problem on campus sexual assault and competing consent standards; enhancing an existing problem to raise issues concerning racial profiling/prejudice in the context of terrorist acts by Islamic extremists; and substantial updating of the intentional tort chapter to reflect debates concerning police conduct, race relations, and the psychology of prejudice. 

New Lead Cases:

  • The role of duty in tort doctrine, Rodriguez v. Del Sol Shopping Center Assocs.
  • The connection between actual and proximate causation, Aegis Insurance Services, Inc. v. 7 World Trade Co.
  • The role of trespass and nuisance causes of action in the context of pollution, Johnson v. Paynesville Farmers Union Cooperative Oil Co.
  • Strict liability for abnormally dangerous activities, Toms v. Calvary Assembly of God, Inc.
  • The role of consumer expectations in design defect litigation, Izzarelli v. R.J. Reynolds Tobacco Co.
  • Warning defect liability, Moore v. Ford Motor Co.
  • The collateral source role, Howell v. Hamilton Meats & Provisions, Inc.
  • Interpretation of allegedly defamatory statements, Chau v. Lewis
  • The actual malice standard for defamation, Ventura v. Kyle
  • Commercial appropriation, In re NCAA Student–Athlete Name & Likeness Licensing Litig.
  • Financial misrepresentation, California Public Employees’ Retirement System v. Moody’s Investors Service, Inc. 
  • Tortious interference with prospective business relations, Nostrame v. Santiago
  • The viability of Alien Tort Statute claims post-Kiobel, ATS, Doe I v. Nestle USA, Inc.

Preface / Sample Chapters