Torts in a Nutshell

Origins and Objectives of Tort Liability; Cause in Fact; Strict Liability; Liability for Negligent Conduct: Standards of Conduct, Risks and Reasonable Persons, Sources of Standards of Conduct, Proof of Negligence, Proximate Cause, Duty; Defenses to Negligence Liability; Liability for Intentional Misconduct: Intent, Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass; Defenses to Liability for Intentional Misconduct; Owners and Occupiers of Land; Products Liability; Employers, Employees and Contractors; Automobiles; Medical and Other Professional Negligence; Nuisance; Negligent Infliction of Emotional Distress; Prenatal Harm; Alcoholic Beverages; Interference With Federal Constitutional Rights; Damages for Physical Harm: Compensatory Damages, Consequential Damages, Punitive Damages, Allocation Among Tortfeasors; Tort and Contract; Immunities; Survival and Wrongful Death; Defamation; Privacy; Misrepresentation and Nondisclosure.

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

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