Business Defamation and Privacy Torts - Richard A. Epstein

Business Defamation and Privacy Torts ISBN 9798892075572

Business, Defamation, and Privacy Torts is a rigorous and timely casebook designed for upper-level courses and seminars on tort law. Written by leading scholars Richard A. Epstein and Catherine M. Sharkey, this book offers a cohesive framework for exploring torts involving economic loss, reputational harm, and violations of personal privacy—areas increasingly at the forefront of modern litigation.

The book examines a central question in tort theory: when and why should economic harms, as opposed to physical or emotional injuries, be legally compensable? From classic doctrines of inducement of breach and defamation to the modern challenges posed by data breaches, online platforms, and AI, the book helps students explore how the common law has responded to evolving norms and technological disruptions.

With historical depth and contemporary relevance, the authors present a compelling study of the boundaries and evolution of tort liability. Students will confront cutting-edge legal issues while also engaging with foundational cases and enduring common law principles.

Highlights of the First Edition:

• A focused exploration of the economic loss rule, framing the law’s evolving response to pecuniary harms in business settings.
• A conceptual structure distinguishing between contractual privity and stranger liability, applied to modern problems such as cybersecurity breaches and data misuse.
• Discussion of the expansion of fraud liability through statutes that eliminate traditional elements like reliance and damage.
• Analysis of products liability in the digital economy, including the treatment of online marketplaces and third-party sellers.
• Examination of public nuisance as a business tort in high-impact litigation, such as opioid and climate change lawsuits.
• Critical perspective on the future of Section 230 of the Communications Decency Act, especially in relation to misinformation and online harms.
• Engagement with data privacy law in the era of ubiquitous digital surveillance and growing regulatory interventions.

Professors and Students Will Benefit From:

• Classic English and American cases that continue to influence doctrine and engage students in the classroom.
• An intellectual throughline tracing the historical development and conceptual shifts in tort law from the 14th century to the 21st.
• Balanced coverage of competing tort theories, from classical liberalism to progressive and regulatory approaches.
• Integration of emerging technological challenges, including artificial intelligence, social media platforms, and online commerce.
• A flexible, modular structure suited for a range of upper-level torts courses, business torts seminars, or focused classes on defamation and privacy law.

Teaching Materials Include:

• A comprehensive Teacher’s Manual with detailed case summaries, suggested answers to problems, and guidance for facilitating discussion.

This casebook equips students with the doctrinal tools and analytical frameworks needed to navigate the changing landscape of tort liability in a technology-driven, information-saturated society.

Business Defamation and Privacy Torts ISBN 9798892075572 & 979-8892075572