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Torts / Edition 5

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0314195009 Brand New! Usually ships within one business day! This item is: Law in a Nutshell: Torts, Kionka; 5th ed., 2010; paperback; ISBN: 9780314195005. For fastest delivery, ... choose Expedited Shipping. We represent the Internet's largest independent legal bookstore! Read more Show Less

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Overview

This book is intended for anyone seeking a concise exposition or review of the basic principles of tort law. Its principal audience is the first year law student struggling to get a glimpse of the elusive "big picture".
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Product Details

  • ISBN-13: 9780314195005
  • Publisher: West Academic Publishing
  • Publication date: 1/28/2009
  • Series: Nutshell
  • Edition number: 5
  • Pages: 591
  • Product dimensions: 4.80 (w) x 7.30 (h) x 0.80 (d)

Table of Contents

Preface III
Explanatory Notes VII
Table of Cases XVII
Part I Introduction
Chapter 1 Prologue: Origins, Objectives, and Overviews of Tort Liability 1
1-1 The Definitional Dilemma 1
1-2 The Jurisprudence of Tort Law 5
1-3 The Evolution of Tort Concepts and Remedies 15
1-4 The Roles of Judges and Juries 27
Chapter 2 Cause in Fact 31
2-1 Cause in Fact 31
Part II Physical Harm
Chapter 3 Strict Liability 39
3-1 Basis of Strict Liability 39
3-2 Animals, Statutory Strict Liability 41
3-3 Abnormally Dangerous Activities 44
3-4 Scope of Strict Liability 52
Chapter 4 Liability for Negligent Conduct 56
4-1 Standards of Conduct: Of Risks and Reasonable Persons 56
4-2 Sources of Standards of Conduct 72
4-3 Proof of Negligence 80
4-4 Scope of Liability: Proximate or "Legal" Cause 90
4-5 The Concept of Duty 105
4-6 Degrees of Negligence 114
4-7 Willful and Wanton Misconduct 118
Chapter 5 Defenses to Negligence Liability 122
5-1 Contributory Negligence 122
5-2 Comparative Negligence 127
5-3 Imputed Contributory Negligence 131
5-4 Assumption of Risk 134
5-5 Mitigation of Damages and Avoidable Consequences 143
5-6 Statutes of Limitations and Repose 144
Chapter 6 Liability for Intentional Misconduct 147
6-1 Intent 147
6-2 Battery 151
6-3 Assault 153
6-4 False Imprisonment 155
6-5 Intentional or Reckless Infliction of Emotional Distress 158
6-6 Trespass to Land 163
6-7 Chattels 169
Chapter 7 Defenses to Liability for Intentional Misconduct 180
7-1 In General 180
7-2 Consent 182
7-3 Defense of Self and Others 187
7-4 Defense and Recovery of Property 190
7-5 Necessity 195
7-6 Authority of Law 197
7-7 Discipline 200
Chapter 8 Special Liability Rules for Particular Activities 202
8-1 Introduction 202
A Owners and Occupiers of Land
8-2 Liability to Persons Off the Premises 203
8-3 Trespassing Adults 207
8-4 Trespassing Children 214
8-5 Licensees and Invitees 222
8-6 Rejection of Categories 234
8-7 Lessors 236
8-8 Vendors and Vendees 244
B Products Liability
8-9 An Overview of Products Liability 247
C Employers, Employees and Contractors
8-10 Vicarious Liability 263
8-11 Employees 265
8-12 Independent Contractors 272
8-13 Employer's Liability to Employee; Workers' Compensation 279
8-14 Railroad Employees 285
8-15 Maritime Employees 288
D Automobiles
8-16 Special Automobile Liability Rules 293
8-17 Automobile Accident Compensation 298
E Other Special Liability Rules
8-18 Medical and Other Professional Negligence ("Malpractice") 310
8-19 Nuisance and Environmental Law 313
8-20 Negligent Infliction of Emotional Distress 328
8-21 Prenatal Harm 334
8-22 Alcoholic Beverages 337
8-23 Interference With Federal Constitutional Rights 339
Chapter 9 Damages for Physical Harm 349
9-1 Compensatory Damages 349
9-2 Consequential Damages 361
9-3 Punitive Damages 365
9-4 Allocation Among Tortfeasors 371
Part III Tort and Contract
Chapter 10 Tort and Contract 383
10-1 Parties to the Contract 383
10-2 Liability to Third Persons Not Parties to the Contract 387
Part IV Immunities
Chapter 11 Immunities 393
11-1 Government and Its Employees 393
11-2 Charities 404
11-3 Spouses, Parents and Children 407
Part V Survival and Wrongful Death
Chapter 12 Survival and Wrongful Death 413
12-1 Survival of Tort Actions 413
12-2 Wrongful Death 417
12-3 Wrongful Death: Beneficiaries and Damages 422
12-4 Wrongful Death: Defenses 430
Part VI Injuries to Other Interests
Chapter 13 Defamation 435
13-1 Defamation 435
13-2 Libel and Slander 440
13-3 Publication 442
13-4 Fault 444
13-5 Defenses 447
13-6 Damages 455
Chapter 14 Privacy 458
14-1 In General 458
14-2 Appropriation 459
14-3 Unreasonable Intrusion 460
14-4 Public Disclosure of Private Facts 461
14-5 False Light in the Public Eye 462
Chapter 15 Misrepresentation and Non-disclosure 464
15-1 Remedies for Misrepresentation 464
15-2 Basis of Liability 469
15-3 Scope of Liability 476
15-4 Representation and Nondisclosure 482
15-5 Reliance 485
15-6 Opinion, Prediction, and Intention 488
15-7 Damages for Misrepresentation 494
Index 499
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