Torts in a Nutshell

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ISBN: 9780314152190 | 0314152199
Cover: Paperback
Copyright: 7/30/2005

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This Nutshell provides a foundation for tort law by introducing its origins, its objectives, and an overview of tort liability. Physical harm is discussed, including strict liability and negligent conduct liability, as well as defenses to negligence liability. Covers tort and contract law and explores survival and wrongful death.

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

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Torts in a Nutshell

Summary

Table of Contents

Supplemental Materials