9781587781865

The Forms and Functions of Tort Law

by
  • ISBN13:

    9781587781865

  • ISBN10:

    1587781867

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2002-04-01
  • Publisher: Thomson West

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

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Supplemental Materials

What is included with this book?

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

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