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The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in the standard torts course. This 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. The 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.
Table of Contents
|The Nature and Functions of Tort Law||p. 1|
|Procedure in a Tort Suit: Where Tort Law Comes From||p. 5|
|The Nature of Tort Law||p. 16|
|Intentional Physical and Emotional Harm||p. 24|
|The Personal Injury Torts||p. 24|
|The Property Torts||p. 40|
|The Negligence Standard||p. 51|
|A Page of History||p. 52|
|The Reasonable Person Standard||p. 58|
|The Negligence "Calculus"||p. 68|
|Violation of Statutes||p. 91|
|Negligence and No Negligence as a Matter of Law: The Roles of Judge and Jury||p. 95|
|Proof of Negligence||p. 101|
|The Burden of Proof||p. 101|
|Res Ipsa Loquitur||p. 106|
|The "But For" Test||p. 116|
|Multiple Causes, Indeterminate Causes, and Exceptions to the Conventional Test||p. 122|
|The Scope of Liability: Proximate Cause||p. 141|
|The Basics||p. 142|
|Advanced Issues||p. 146|
|Judge, Jury, and the Underlying Purpose of Proximate Cause||p. 161|
|Defenses Based on Plaintiffs Conduct||p. 165|
|Contributory Negligence||p. 165|
|Comparative Negligence||p. 172|
|Assumption of Risk||p. 182|
|Strict Liability and Nuisance||p. 188|
|Theories of Strict Liability||p. 188|
|Traditional Strict Liability||p. 197|
|Vicarious Liability||p. 213|
|Products Liability||p. 216|
|The Era of Contract Privity||p. 217|
|The Era of Negligence||p. 220|
|The Era of Transition and the Rise of Warranty Rules||p. 222|
|The Modem Era: "Strict" Liability for Defective Products||p. 226|
|Products Liability Defenses||p. 236|
|Disclaimers, Bystanders, and Consumer Sovereignty||p. 237|
|Federal Preemption||p. 239|
|Compensatory Damages||p. 241|
|Collateral Sources and Benefits||p. 249|
|Damages in Wrongful Death, Survival and Consor-tium Actions||p. 255|
|Punitive Damages||p. 258|
|Affirmative and Limited Duties||p. 260|
|Special Relationships||p. 264|
|Other Affirmative Duties and Policy-Based Limits on Them||p. 265|
|Premises Liability||p. 267|
|Negligently Inflicted Emotional Distress: "Pure" Emotional Loss||p. 270|
|"Pure" Economic Loss||p. 277|
|Insurance, Tort Reform, and No-Fault Systems||p. 281|
|A Brief Primer on Insurance and a Conceptual Framework||p. 281|
|Statutory Reform of Tort Doctrine||p. 284|
|Workers Compensation||p. 285|
|Auto No-Fault||p. 288|
|Targeted No-Fault in Other Fields||p. 295|
|Reputational and Dignitary Harms: Defamation and Invasion of Privacy||p. 299|
|Invasion of Privacy||p. 308|
|Economic Harms: Misrepresentation and Interference with Contract or Prospective Contractual Advantage||p. 313|
|Intentional Interference with Contract||p. 323|
|Intentional Interference with Prospective Advantage||p. 324|
|Table of Cases||p. 327|
|Table of Contents provided by Ingram. All Rights Reserved.|