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In this concise book Professor Schechter, an award-winning teacher and prominent national bar lecturer has balanced brevity and humor with a clear, crisp and thorough review of basic Torts doctrine. His comprehensive survey includes not only thorough coverage of core topics such as negligence and strict products liability, but provides an overview of the economic and dignitary torts, damages issues, and vicarious liability as well. As the series title promises, the author has kept it short, and the book will make students happy.
Roger E. Schechter began teaching law at George Washington University in the fall of 1980. He had to fight his way into the first year curriculum, but his Dean allowed him to begin teaching Torts in 1987. A few years later he began lecturing on Torts for the nation's leading bar review course, which he continues to do in numerous jurisdictions around the country. Most of his academic writing has been in the field of intellectual property law. Blessed with an assortment of extremely bright and hardworking co-authors, you can find his name on Casebooks and Hornbooks about Copyright, Trademarks and Patent Law. Even more blessed with intellectually lively and personally delightful Torts students each year, he continues to find the subject of Torts an absolute delight.
Table of Contents
|The Concept of Intent||p. 1|
|The Tort of Battery||p. 5|
|The Tort of Assault||p. 8|
|The Tort of False Imprisonment||p. 11|
|The Tort of Intentional Infliction of Emotional Distress||p. 14|
|The Tort of Trespass to Land||p. 18|
|Torts violating Interests in Personal Property||p. 22|
|Defenses to Intentional Torts|
|Self-Defense, Defense of Others, and Defense of Property||p. 29|
|Public and Private Necessity||p. 32|
|More Obscure Defenses||p. 36|
|Negligence: An Introduction and the Concept of Duty|
|An Introduction to Negligence||p. 39|
|The Concept of a "Duty of Care"||p. 41|
|The Reasonably Prudent Person Standard of Care||p. 43|
|The Duty of Care of Children||p. 48|
|The Duty of Care of Professionals||p. 50|
|Duties of Possessors of Land (Premises Liability)||p. 55|
|Duties Based on Criminal Statutes||p. 63|
|The No-Duty-To-Rescue Rule||p. 67|
|Duties To Prevent Emotional Harm||p. 70|
|Duties to Guard Against Harm Caused By Third Parties||p. 74|
|Duties Owed to Unborn Children||p. 78|
|Duty of Care of the Government||p. 80|
|Family and Charitable Immunity||p. 83|
|Negligence: The Breach Element|
|The Two Aspects of Proving Breach of Duty||p. 85|
|The Relationship Between Duty and Breach||p. 86|
|Assessing Reasonableness By Considering Custom||p. 87|
|Assessing Reasonableness By Considering Costs and Benefits||p. 89|
|Assessing Reasonableness By Appealing To Jury Intuition||p. 92|
|Res Ipsa Loquitur||p. 94|
|Negligence: Factual Causation|
|The Basic Test-The "But-For" Rule||p. 99|
|The Special Situation of Merged Causes||p. 102|
|Unascertainable Causes||p. 104|
|The "Loss of Chance" Cases||p. 106|
|Negligence: Proximate Cause|
|An Introduction||p. 109|
|Really Silly Ideas For a Proximate Cause Test||p. 112|
|Foreseeability As the Measure of Defendant's Liability||p. 114|
|An Obsolete Rule and Its Rhetorical Legacy||p. 116|
|Why It Gets Fuzzy: Characterizing the Risk||p. 123|
|Types of Damages Recoverable||p. 127|
|The "Eggshell Skull" Principle||p. 131|
|Allocation of Damages Between Multiple Defendants||p. 132|
|The Collateral Source Rule||p. 135|
|The Economic Loss Rule||p. 136|
|Defenses to Negligence Claims|
|Historical Evolution of Negligence Defenses||p. 139|
|The Mostly Obsolete Defense of Contributory Negligence||p. 140|
|The Mostly Obsolete Defense of Implied Assumption of the Risk||p. 142|
|Primary Assumption of the Risk||p. 144|
|Comparative Negligence||p. 146|
|Strict Liability For Defective Products|
|Introductory Observations||p. 151|
|Defendant Must Be a Merchant||p. 152|
|The Product Must Be Defective||p. 153|
|The Product Must Not Have Been Altered||p. 157|
|The User was Making a Foreseeable Use of the Product||p. 158|
|Defenses to Strict Products Liability Claims||p. 159|
|Other Strict Liability Claims|
|Abnormally Dangerous Activities||p. 161|
|Keeping Animals||p. 163|
|Dignitary, Economic and Other Torts|
|Defenses to Defamation Claims||p. 170|
|The Public Concern Defamation Scenario||p. 172|
|The Four Privacy Torts||p. 175|
|Business Torts||p. 181|
|Vicarious Liability and Other Miscellaneous Topics|
|Employer Liability for Employee Torts||p. 187|
|Independent Contractors||p. 190|
|Other Potential Vicarious Liability Scenarios||p. 192|
|Wrongful Death and Survival Statutes||p. 193|
|Loss of Consortium||p. 195|
|Table of Contents provided by Ingram. All Rights Reserved.|