Torts Before Entering the Matter Essay

  • Length: 10 pages
  • Subject: Business - Law
  • Type: Essay
  • Paper: #95164033

Excerpt from Essay :

Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies.

Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or likeness and publicity placing the plaintiff in a false light. There are several different claims that are detailed in this chapter, including claims involving privacy for third persons. Finally, the last subchapter includes a reference to related torts, such as the breach of confidential relationship.

Chapter 10 is a general chapter that presents other torts that have not been included in any of the other chapters. Other torts include misrepresentation, negligent misrepresentation, injurious falsehood and interference with economic relations. At the same time, unjustifiable litigation is also part of this final chapter, with several useful explanations on malicious prosecution, malicious institution of civil proceedings, malicious defense or abuse of process.

Essay

With torts especially, among the different other judicial and legal notions, one may discover that there is more information that needs to be covered and discussed, besides the mainstream information that exists. One can fill these voids either through practice or through aids such as the Gilbert Law Summaries. On one hand, the authors of the Summaries know where these gaps would need to be filled, so that the information comes naturally to include exactly those particular areas. On the other hand, the Gilbert Law Summaries: Torts ties all the necessary, existing information together into a unified instrument.

As with most of the Gilbert Law Summaries, the summary on torts is an extremely well organized, comprehensive instrument that students and all those reading and learning about this legal subject can use, both to better understand concepts and to fit the information in the right places by adding to existing notions and simply better sorting these. There are several ones to point out, the next paragraphs will focus on a couple of the more significant elements.

One of the learning instruments that any student is likely to appreciate is the practice questions and answers that the chapters have. As always, this is not necessarily to help the student learn more quickly, but rather to be able to prove to himself that he has learnt the notions and that he would be able to use the information he has retained from the learning process.

Additionally, these questions and answers parts are useful for all readers, because, in many case, they present real situations that the reader would need to address using what he has read and learnt in the book or in the respective chapter. The questions are not limited to multiple questions format or similar formats generally used in examinations, but also include essay questions and other similar approaches. Overall, this is very useful in helping to better settle what has been learnt.

As in the other Gilbert Law Summaries, one of the very helpful things in the book on torts is the visual aides and graphic representations that are crucial in summarizing the information and in ensuring that this can be absorbed in an easier manner. The graphic aides range from tables that summarize the information and present it in a synthetic manner; to flow charts, which are very helpful in giving the visual representation of the relations that are formed between different liabilities and how each tort is related; to casebooks, which are particularly helpful because they give a very practical perspective of all the theoretical notion being presented throughout the book. There is literally never enough of such aids: the torts notions and concepts are all very dense and difficult to cover, so all these instruments are very helpful.

The excellent organization of information is also reflected in the outlined information for all chapters. Despite the fact that the bulk of information being tackled is vast and diverse (ranging from different forms of liability to immunity and wrongful death and from defamation to negligence), the way the information is presented, almost in an outline form (not to mention the separate outlines for each chapter), makes it much easier to absorb.

One of the key manner in which this is achieved is by structuring each chapter logically, so that the information flows. More or less, depending, obviously, on the specificities of each chapter, they follow a similar structure: introduction (usually some general notions about the subject at hand, including a definition); different categories of the subject at hand; extent of liability, if that is the case; and the different defenses that are available for that kind of tort.

The reader thus knows exactly where he will need to go in order to obtain the relevant information about that particular liability. If he decides to go through the entire chapter, he is then likely to end up with a solid knowledge of that particular kind of tort, one that includes all notions and phases for that.

This type of informational flow can be generalized at the level of the entire book and not only at particular chapters. The book follows on all important torts in a logical and unified manner, one from which the reader can benefit both through the easy navigation from different notion to another and through the different legal concepts.

Again, the exhaustive manner and approach of the author is the great asset of this book. Each notion is not only defined and clearly presented, but all exceptions are included, along with the rationale behind each concept and decision. Further more, there is always a keen attempt to translate the theory into practice and this is important. With a difficult concept such as torts, the reader might have been otherwise been lost in the myriads of judicial implications of each case in part. However, the fact that almost each notion has an immediate example translation into a real world situation is a great advantage for the book.

Finally, another useful thing about the Summary on Torts is that the book always manages to properly make the transition between common law and statutory law, thus handling aspects relating to both important aspects of the legal issues pertaining to torts. As in other subjects, there is always a difficult approach to handle both common law and statutory law, especially in the manner in which modern law is most likely a combination of both. Making sure that one understands the differences between each, but also the way that each is applied (when and how) is clearly laid out in Torts and is very helpful.

Overall, the Summary on Torts is one of the most eloquent and best organized from the Gilbert Law Summaries, especially since the subject at hand is one of the more complicated ones. Torts includes all instruments that help the reader go through the matter much easier. As mentioned, some of these include tables, a great content organization and occasional case…

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