The\Forms and Functions of Tort Law / Edition 4

The\Forms and Functions of Tort Law / Edition 4

by Kenneth S. Abraham
Pub. Date:
West Academic Publishing


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The\Forms and Functions of Tort Law / Edition 4

The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in a standard torts course. The text addresses cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. This straightforward, readable text addresses both rules and policy, and presents topics in a way that helps students effectively grapple with issues. Since each chapter stands on its own, the book is ideal as a classroom text, as well as for self-directed reading by students.

Product Details

ISBN-13: 9781609300531
Publisher: West Academic Publishing
Publication date: 02/28/2012
Series: Concepts and Insights Series
Edition description: Older Edition
Pages: 347
Product dimensions: 6.20(w) x 9.30(h) x 0.50(d)

Table of Contents

Preface v

1 The Nature and Functions of Tort Law 1

I Introduction 1

II Procedure in a Tort Suit: Where Tort Law Comes From 5

III The Nature of Tort Law 16

2 Intentional Physical and Emotional Harm 24

I The Personal Injury Torts 24

II Defenses 35

III The Property Torts 40

3 The Negligence Standard 51

I A Page of History 52

II The Reasonable Person Standard 58

III The Negligence "Calculus" 68

IV Custom 76

V Malpractice 81

VI Violation of Statutes 91

VII Negligence and No Negligence as a Matter of Law: The Roles of Judge and Jury 95

4 Proof of Negligence 101

I The Burden of Proof 101

II Res Ipsa Loquitur 106

5 Cause-In-Fact 116

I The "But For" Test 116

II Multiple Causes, Indeterminate Causes, and Exceptions to the Conventional Test 122

6 The Scope of Liability: Proximate Cause 141

I The Basics 142

II Advanced Issues 146

III Judge, Jury, and the Underlying Purpose of Proximate Cause 161

7 Defenses Based on Plaintiffs Conduct 165

I Contributory Negligence 165

II Comparative Negligence 172

III Assumption of Risk 182

8 Strict Liability and Nuisance 188

I Theories of Strict Liability 188

II Traditional Strict Liability 197

III Nuisance 204

IV Vicarious Liability 213

9 Products Liability 216

I The Era of Contract Privity 217

II The Era of Negligence 220

III The Era of Transition and the Rise of Warranty Rules 222

IV The Modem Era: "Strict" Liability for Defective Products 226

V Products Liability Defenses 236

VI Disclaimers, Bystanders, and Consumer Sovereignty 237

VII Federal Preemption 239

10 Damages 241

I Compensatory Damages 241

II Collateral Sources and Benefits 249

III Damages in Wrongful Death, Survival and Consor-tium Actions 255

IV Punitive Damages 258

11 Affirmative and Limited Duties 260

I Rescue 262

II Special Relationships 264

III Other Affirmative Duties and Policy-Based Limits on Them 265

IV Premises Liability 267

V Negligently Inflicted Emotional Distress: "Pure" Emotional Loss 270

VI "Pure" Economic Loss 277

12 Insurance, Tort Reform, and No-Fault Systems 281

I A Brief Primer on Insurance and a Conceptual Framework 281

II Statutory Reform of Tort Doctrine 284

III Workers Compensation 285

IV Auto No-Fault 288

V Targeted No-Fault in Other Fields 295

13 Reputational and Dignitary Harms: Defamation and Invasion of Privacy 299

I Defamation 299

II Invasion of Privacy 308

14 Economic Harms: Misrepresentation and Interference with Contract or Prospective Contractual Advantage 313

I Misrepresentation 313

II Intentional Interference with Contract 323

III Intentional Interference with Prospective Advantage 324

Table of Cases 327

Index 331

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