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Basic Tort Law: Cases, Statutes, and Problems / Edition 1

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Overview

If you want to have a solid foundation in the doctrine, theory, and applications of tort law when you complete your course, this accessible coursebook deserves your careful consideration. Basic Tort Law: Cases, Statutes, and Problems presents a clear, explicit review of content, excellent case selection, and memorable, class-tested problems.

This concise, practical casebook was written with the needs of both instructors and students in mind:

  • the expert authors draw on their years of experience; Arthur Best is the author of the enormously successful Examples & Explanations study guide on Evidence
  • clear, direct text introduces cases and explains important concepts; nothing is hidden from the student
  • a balanced presentation of modern and classic cases includes Vaughan v. Menlove (standard of care), Vincent v. Lake Erie Transportation Co., (the doctrine of 'incomplete privilege'), and Greenman v. Yuba Power (product liability)
  • appealing and memorable problems based on actual reported cases reinforce understanding and build analytical skills
  • the book is distinctly contemporary, reflecting the most current thinking on key issues
  • ample background information places cases and statutes in context
  • accessible notes highlight key issues, alternative perspectives, and basic theory
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Product Details

  • ISBN-13: 9780735526105
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/24/2003
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 892
  • Product dimensions: 7.30 (w) x 10.20 (h) x 1.40 (d)

Table of Contents

Preface
Acknowledgments
Ch. 1 Introduction 1
I In General 1
II Categories of Tort Law 1
III Organization of This Book 2
IV Typical Stages of Tort Litigation 2
V How Tort Law Works Now: An Empirical View 4
Do We Really Know Anything about the Behavior of the Tort Litigation System - And Why Not? 4
VI How Tort Law Serves Society 8
Sixty Years of Torts: Lessons for the Future 8
The Critics and the "Crisis": A Reassessment of Current Conceptions of Tort Law 11
Ch. 2 Intentional Torts 15
I Introduction 15
II Battery 15
III Assault 39
IV Defenses to Assault and Battery 49
V Infliction of Emotional Distress 73
Ch. 3 Negligence: The Duty of Reasonable Care 91
I Introduction 91
II The "Reasonable Person" Standard 92
III The Range of Application of the Reasonable Person Standard 102
IV Recklessness 130
Ch. 4 Proving Breach 137
I Introduction 137
II Violation of a Statute 138
III Industry Custom 154
IV Res Ispa Loquitur 159
Ch. 5 Legal Cause: Cause-In-Fact 171
I Introduction 171
II Basic Cause-in-Fact: The But-For Test 172
III Alternatives to the But-For Test 178
Ch. 6 Limits on Liability: Duty and Proximate Cause 217
I Introduction 217
II Duty 224
III Proximate Cause 235
Ch. 7 Defenses 283
I Introduction 283
II Plaintiff's Contributory Fault 283
III Assumption of Risk 305
IV Mitigation and Avoidable Consequences 320
V Immunities 326
VI Statutes of Limitation and Repose 344
Ch. 8 Apportionment of Damages 355
I Introduction 355
II Apportioning Damages Among Liable Defendants 355
III Vicarious Liability 387
Ch. 9 Professionals 405
I Introduction 405
II Professional Standard's Basic Definition and Rationale 405
III Applying the Professional Standard in Medical Cases 419
IV Additional Medical Malpractice Issues 433
V Legal Malpractice and the Professional Standard 442
Ch. 10 Owners and Occupiers of Land 451
I Introduction 451
II Traditional Rules 452
III Modern Approaches 489
Ch. 11 Special Duty Rules 505
I Introduction 505
II Duty to Rescue or Protect 505
III Duty Limited by Type of Harm 528
IV Primary Assumption of Risk 560
Ch. 12 Damages 573
I Introduction 573
II Compensatory Damages 573
III Punitive Damages 606
IV Adjustments to Damages: Collateral Sources and Statutory Ceilings 618
Ch. 13 Traditional Strict Liability 631
I Introduction 631
II Injuries Caused by Animals 631
III Selected Dangerous Activities 640
Ch. 14 Products Liability 653
I Introduction 653
II Allowing "Strangers" to Recover for Negligence: Abrogation of the Privity Requirement 653
III Allowing Recovery Without Proof of Negligence: Development of Strict Liability 657
Ch. 15 Trespass and Nuisance 727
I Trespass 727
II Nuisance 749
III Remedies 760
Ch. 16 Defamation 771
I Introduction 771
II Defamatory Statements 776
III Qualified and Absolute Privileges 792
IV Constitutionally Required Proof of Fault 800
Ch. 17 Alternatives to Litigation 829
I Introduction 829
II Replacing Litigation with Insurance Systems 829
Table of Cases 859
Table of Statutes and Other Authorities 871
Index 881
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