Torts In a Nutshell / Edition 3

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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: 9780314235251
  • Publisher: West Group
  • Publication date: 7/1/1999
  • Series: Nutshell Series
  • Edition number: 3
  • Pages: 513
  • Product dimensions: 4.92 (w) x 7.28 (h) x 0.71 (d)

Table of Contents

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. Functions, Goals and Justifications of Tort Law 5
1-3. The Evolution of Tort Concepts and Remedies 13
1-4. The Roles of Judges and Juries 25
Chapter 2. Cause in Fact 29
2-1. Cause in Fact (R. 430-34) 29
Part II. Physical Harm
Chapter 3. Strict Liability 37
3-1. Basis of Strict Liability 37
3-2. Animals, Statutory Strict Liability 39
3-3. Abnormally Dangerous Activities 42
3-4. Scope of Strict Liability 51
Chapter 4. Liability for Negligent Conduct 54
4-1. Standards of Conduct: Of Risks and Reasonable Persons 54
4-2. Sources of Standards of Conduct 70
4-3. Proof of Negligence 78
4-4. Scope of Liability: Proximate or "Legal" Cause 88
4-5. The Concept of Duty 102
4-6. Degrees of Negligence 112
4-7. Willful and Wanton Misconduct 116
Chapter 5. Defenses to Negligence Liability 120
5-1. Contributory Negligence 120
5-2. Comparative Negligence 125
5-3. Imputed Contributory Negligence 129
5-4. Assumption of Risk 131
5-5. Mitigation of Damages and Avoidable Consequences 141
5-6. Statutes of Limitations and Repose 142
Chapter 6. Liability for Intentional Misconduct 145
6-1. Intent 145
6-2. Battery 149
6-3. Assault 151
6-4. False Imprisonment 153
6-5. Intentional or Reckless Infliction of Emotional Distress 156
6-6. Trespass to Land 161
6-7. Chattels 167
Chapter 7. Defenses to Liability for Intentional Misconduct 178
7-1. In General 178
7-2. Consent 180
7-3. Defense of Self and Others 185
7-4. Defense and Recovery of Property 188
7-5. Necessity 193
7-6. Authority of Law 195
7-7. Discipline 198
Chapter 8. Special Liability Rules for Particular Activities 200
8-1. Introduction 200
A. Owners and Occupiers of Land
8-2. Liability to Persons Off the Premises 201
8-3. Trespassing Adults 205
8-4. Trespassing Children 212
8-5. Licensees and Invitees 220
8-6. Rejection of Categories 232
8-7. Lessors 234
8-8. Vendors and Vendees 242
B. Products Liability
8-9. An Overview of Products Liability 245
C. Employers, Employees and Contractors
8-10. Vicarious Liability 261
8-11. Employees 263
8-12. Independent Contractors 270
8-13. Employer's Liability to Employee; Workers' Compensation 276
8-14. Railroad Employees 283
8-15. Maritime Employees 286
D. Automobiles
8-16. Special Automobile Liability Rules 291
8-17. Automobile Accident Compensation 296
E. Other Special Liability Rules
8-18. Medical and Other Professional Negligence ("Malpractice") 308
8-19. Nuisance and Environmental Law 311
8-20. Negligent Infliction of Emotional Distress 326
8-21. Prenatal Harm 332
8-22. Alcoholic Beverages 335
8-23. Interference With Federal Constitutional Rights 337
Chapter 9. Damages for Physical Harm 346
9-1. Compensatory Damages 346
9-2. Consequential Damages 358
9-3. Punitive Damages 362
9-4. Allocation Among Tortfeasors 368
Part III. Tort and Contract
Chapter 10. Tort and Contract 381
10-1. Parties to the Contract 381
10-2. Liability to Third Persons Not Parties to the Contract 385
Part IV. Immunities
Chapter 11. Immunities 391
11-1. Government and Its Employees 391
11-2. Charities 402
11-3. Spouses, Parents and Children 405
Part V. Survival and Wrongful Death
Chapter 12. Survival and Wrongful Death 411
12-1. Survival of Tort Actions 411
12-2. Wrongful Death 415
12-3. Wrongful Death: Beneficiaries and Damages 420
12-4. Wrongful Death: Defenses 428
Part VI. Injuries To Other Interests
Chapter 13. Defamation 433
13-1. Defamation 433
13-2. Libel and Slander 438
13-3. Publication 440
13-4. Fault 442
13-5. Defenses 445
13-6. Damages 453
Chapter 14. Privacy 456
14-1. In General 456
14-2. Appropriation 457
14-3. Unreasonable Intrusion 458
14-4. Public Disclosure of Private Facts 459
14-5. False Light in the Public Eye 460
Chapter 15. Misrepresentation and Nondisclosure 462
15-1. Remedies for Misrepresentation 462
15-2. Basis of Liability 467
15-3. Scope of Liability 474
15-4. Representation and Nondisclosure 480
15-5. Reliance 483
15-6. Opinion, Prediction, and Intention 486
15-7. Damages for Misrepresentation 492
Index 497
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