The Forms and Functions of Tort Law

by Abraham, Kenneth S.

• ISBN13: 9781587781865
• ISBN10: 1587781867
• Edition: 2nd
• Format: Paperback
• Copyright: 2002-04-01
• Publisher: Foundation Pr

Summary

The perfect accompaniment to any torts casebook, The Forms and Functions of Tort Law covers all the major cases and issues in the standard torts course, sharing Professor Abraham?s scholarly insights developed over 25 years of teaching. This analytical text addresses the 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 in this paperback addresses both rules and policy and presents topics in a way that helps students grapple with the issues more effectively. Organized in the traditional manner, topics covered include intentional torts, negligence, cause-in-fact, proximate cause, defenses, strict liability, nuisance, products liability, damages, tort reform, invasion of privacy, defamation, misrepresentation, and the economic interference torts. Each chapter stands on its own, making the book ideal for use as a classroom text as well as for self-directed reading by students.

Table of Contents

Preface	v
The Nature and Functions of Tort Law	1	(20)
What Is a Tort?	1	(2)
Procedure in a Tort Suit: Where Tort Law Comes From	3	(11)
The Functions of Tort Law	14	(7)
Intentional Physical and Emotional Harm	21	(25)
The Personal Injury Torts	21	(11)
Defenses	32	(4)
The Property Torts	36	(10)
The Negligence Standard	46	(41)
A Page of History	47	(5)
The Reasonable Person Standard	52	(8)
The Negligence ``Calculus''	60	(6)
Custom	66	(3)
Malpractice	69	(9)
Violation of Statutes	78	(4)
Negligence as a Matter of Law: The Roles of Judge and Jury	82	(5)
Proof of Negligence	87	(12)
The Burden of Proof	87	(5)
Res Ipsa Loquitur	92	(7)
Cause-In-Fact	99	(19)
The Conventional Tests: ``But For'' and ``Substantial Factor''	99	(4)
Multiple Causes, Indeterminate Causes, and the Conventional Tests	103	(15)
Proximate Cause	118	(19)
The Basics	118	(4)
Advanced Issues: The Difficult and the Unusual	122	(11)
Judge, Jury, and the Underlying Purpose of Proximate Cause	133	(4)
Defenses Based on Plaintiff's Conduct	137	(21)
Contributory Negligence	137	(7)
Comparative Negligence	144	(9)
Assumption of Risk	153	(5)
Strict Liability and Nuisance	158	(26)
The Theory Behind Strict Liability	158	(8)
Traditional Strict Liability	166	(7)
Nuisance	173	(8)
Vicarious Liability	181	(3)
Products Liability	184	(22)
The Era of Contract Privity	185	(3)
The Era of Negligence	188	(2)
The Era of Transition and the Rise of Warranty Rules	190	(3)
The Modern Era: ``Strict'' Liability for Defective Products	193	(8)
Products Liability Defenses	201	(1)
Disclaimers, Bystanders, and Consumer Sovereignty	202	(4)
Damages	206	(17)
Compensatory Damages	206	(7)
Collateral Sources and Benefits	213	(5)
Damages in Wrongful Death and Survival Actions	218	(3)
Punitive Damages	221	(2)
Affirmative and Limited Duty	223	(15)
Rescue	224	(1)
Enabling Torts	225	(3)
The Duty of Owners and Occupiers of Land to Entrants on the Land	228	(2)
``Pure'' Emotional Loss	230	(4)
``Pure'' Economic Loss	234	(4)
Tort Reform, Workers Compensation, and No-Fault Systems	238	(13)
Statutory Tort Reform	238	(1)
Workers Compensation	239	(3)
Auto No-Fault	242	(6)
The Future of No-Fault: Beyond ``Comp'' and Auto?	248	(3)
Reputational and Dignitary Harms: Defamation and Invasion of Privacy	251	(13)
Defamation	251	(8)
Invasion of Privacy	259	(5)
Economic Harms: Misrepresentation and Interference with Actual or Prospective Contractual Advantage	264	(13)
Misrepresentation	264	(10)
Intentional Interference with Contract	274	(1)
Intentional Interference with Prospective Advantage	275	(2)
Table of Cases	277	(4)
Index	281