Tort Law / Edition 4

Tort Law / Edition 4

by Linda L. Edwards, J. Stanley Edwards, Patricia Kirtley Wells
     
 

This is an easy-to-read text for paralegals/legal assistants who are studying the basic elements of tort and insurance law. The author uses hypothetical situations designed to stimulate reader interest and suggest general issues to be discussed. Tort Teasers pose questions and present actual cases that challenge the reader to apply and integrate the tort law… See more details below

Overview

This is an easy-to-read text for paralegals/legal assistants who are studying the basic elements of tort and insurance law. The author uses hypothetical situations designed to stimulate reader interest and suggest general issues to be discussed. Tort Teasers pose questions and present actual cases that challenge the reader to apply and integrate the tort law concepts presented. Practical pointers highlight procedural skills relevant to legal assistants. Case studies used represent those most likely encountered in actual practice and provide opportunities to practice reading and analyzing cases.
ALSO AVAILABLE
Study Guide, ISBN: 0-7668-0382-1
INSTRUCTOR SUPPLEMENTS
Instructor’s Manual, ISBN: 0-7668-0381-3
Computerized Test Bank, ISBN: 0-7668-1254-5

Product Details

ISBN-13:
9781428318496
Publisher:
Cengage Learning
Publication date:
08/05/2008
Edition description:
Older Edition
Pages:
689
Product dimensions:
8.70(w) x 10.90(h) x 1.50(d)

Table of Contents

INTRODUCTION: Chapter Objectives. Background. What is a Tort? Reasonableness of Conduct. Publiuc Policy. Morality of Conduct. "Slipery Slope" Arguments. Creation of Case Law. Relationships Between Tort Law and Other Areas of the Law. Brief History of Tort Law. Case. Coming Full Circle. Classification of Torts. Summary. Tort Teasers. Key Terms. THE OVERVIEW OF A TORT CASE: Initiating a Complaint. Defendant's Response. Discovery. Pretrial Procedures. Trial. Posttrial. Emphasis on Discovery Throughout This Text. Summary. Tort Teasers. Key Terms. INTENATIONAL TORTS: Chapter Objectives. What is an Intentional Tort. Intentional Torts Against Persons. Intentional Torts Against Property. Case:" Katko vs. Briney." Defenses. Putting It Into Practice. Summary. Practice Pointers - Drafting Complaints. Tort Teasers. Key Terms. NEGLIGENCE: AN OVERVIEW. Chapter Objectives. Definition of Negligence. Duty. Breach of Duty. Causation. Damages. Function of Judge and Jury. Application. Summary. Practice Pointers - Demand Letters. Key Terms. NEGLIGENCE: DUTY. Chapter Objectives. Overview of Duty. Possessors of Land. Trespassers. Licensees. Invitees. Common Law Disticntions Today. Outside the Possessor's Property. Landlord/Tenant Liability. Case: "Riss vs. New York (dissent)." Case: "Kline vs 1500 Massachusetts Avenue Apartment Corp." Sellers of Land. Duty to Protect or Aid Others. Unborn Children. Vicarious Liability. Application. Summary. Practice Pointers - Jury Instructions. Tort Teasers. Key Terms. NEGLIGENCE: BREACH OF DUTY. Chapter Objectives. What is Reasonable Conduct? Learned Hand Formula. Case: "Eimann vs. Soldier of Fortune Magazine." Restatement Position.Reasonable Person Standard - Objective vs. Subjective. Defendants with Special Characteristics. Children. Emergencies. Case: "Cordas vs. Peerless Transportation Co." Custom. Professions. Negligence Per Se. Automobile Guest Statutes. Res Ipsa Loquitur. Application. Summary. Practice Pointers - Researching Statutory Law. Tort Teasers. NEGLIGENCE: CAUSATION: Chapter Objectives. Actual Cases. Case: "Wollen vs. De Paul Health Center." Proximate Cause. Case: "Palsgraf vs. Long Island R.R. Co." Exceptions to the Cardoza Rule. Intervening Causes. Case: "Ontiveros vs. Borak." Application. Summary. Practice Pointers - Pre-Existing Conditions. Tort Teasers. Key Terms. NEGLIGENCE: DAMAGES. Chapter Objectives. Categories of Damages. Illustration of Damages. Shortened Life Expectancy. Collateral Source Rule. Expenses of Litagation. Damages of Physical Harm to Property. Damages in Product Liability Cases. Punitive Damages. Recovery for Loss of Consortium. Wrongful Death and Survival Actions. Discounting Furture Damages. Mental Suffering. Application. Summary. Practice Pointers - Assessment of Damages. Tort Teasers. Key Terms. NEGLIGENCE: DEFENSES. Chapter Objectives. Contribuatory Negligence. Comparative Negligence. Case: "McIntire vs. Balentine." Assumption of Risk. Immunities. Case. Statutues of Limitations and Statutes of Repose. Application. Summary. Practice Pointers - Preparing a Defence (Locating Records). Tort Teasers. MALPRATICE: Chapter Objectives. What is Reasonable Care? How Negligence Can Occur. Case: "Togstad vs. Vesely, Otto, Miller, and Keefe." Specialists. Informed Consent. Battery Versus Negligence. Defenses to Professional Negligence. Maintaining Adequate Records. Underlying Cause of Professional Negligence Suits. How to Prevent Professional Negligence Suits. Medical Malpractive Crisis. Summary. Practice Pointers - Independent Medical Examinations. Tort Teasers. Key Terms. MISREPRESENTATION, NUISANCE, AND OTHER TORTS: Chapter Objectives. Development of Misrepresentation and Its Relationship to Other Torts. Intentional Misrepresentation. Negligent Misrepresentation. Case: "Gibbs vs. Ernst." Innocent Misrepresentation. Nuisance. Case: "Wood vs. Picillo." Interferance with Business Relations. Misuse of Legal Process. Summary. Practice Pointers - Trial Exhibits. Tort Teasers. Key Terms. STRICT LIABILITY: Chapter Objectives. Overview of Strict Liability. Strict Liability for Harm Caused by Animals. Abnormally Dangerous Activities. Case: "Yukon Equipment, Inc. vs. Fireman's Fund Inc. Co." Product Liability. Limitations on Strict Liability. Summary. Practice Pointers - Evidence Collection and Preservation. Tort Teasers. Key Terms. PRODUCT LIABILITY: Chapter Objectives. Overview of Product Liability. Theories of Recovery. Types of Losses. Types of Defects. Case: " Turner vs. General Motors Corp." Defenses. Summary. Practice Pointers - Expert Witnessess. Tort Teasers. Key Terms. DEFAMATION AND RELATED TORTS: Chapter Objectives. Libel vs. Slander. What is a Defamatory Statement? Case: "Street vs. National Broadcasting Co." Priviledges. Invasion of Privacy. Case: "Douglas vs. Hustler Magazine, Inc." Injurious Falsehood. Summary. Practice Pointers - Getting Information About and Unpublished Decision. Tort Teasers. Key Terms. VICARIOUS LIABILITY: Chapter Objectives. Overview of Vicarious Liability. Employer-Employee Relationship. Employers - Independent Contractors. Case: "Santiago vs. Phoenix Newspapers, Inc." Bailments. Imputed Contribuatory Negligence. Parental Liability. Summary. Practice Pointers - Interrogatories. Tort Teasers. Key Terms. JOINT LIABILITY: Chapter Objectives. Joint and Several Liability. Case: "Hall vs. Du Pont, De Nemours, and Co., Inc." Satisfaction. Contribution. Release. Case: "Panasuk vs. Seaton." "Mary Carter" or "Gallagher" Agreements. Indemnification. Summary. Practice Pointers - Releases. Tort Teasers. Key Terms. TORT REFORM: Chapter Objectives. Goals of the Tort System. Historical Roots of Tort Reform. Focus of Today's Reformers. Is There Really a Problem? Tort Reform in Practice. An Alternative View. Summary. Tort Teasers. AUTOMOBILE INSURANCE. BAD FAITH. WORKER'S COMPENSATION.

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