The Forms and Functions of Tort Law

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  • Edition: 4th
  • Format: Paperback
  • Copyright: 2012-03-06
  • Publisher: West Academic

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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

Prefacep. v
The Nature and Functions of Tort Lawp. 1
Introductionp. 1
Procedure in a Tort Suit: Where Tort Law Comes Fromp. 5
The Nature of Tort Lawp. 16
Intentional Physical and Emotional Harmp. 24
The Personal Injury Tortsp. 24
Defensesp. 35
The Property Tortsp. 40
The Negligence Standardp. 51
A Page of Historyp. 52
The Reasonable Person Standardp. 58
The Negligence "Calculus"p. 68
Customp. 76
Malpracticep. 81
Violation of Statutesp. 91
Negligence and No Negligence as a Matter of Law: The Roles of Judge and Juryp. 95
Proof of Negligencep. 101
The Burden of Proofp. 101
Res Ipsa Loquiturp. 106
Cause-In-Factp. 116
The "But For" Testp. 116
Multiple Causes, Indeterminate Causes, and Exceptions to the Conventional Testp. 122
The Scope of Liability: Proximate Causep. 141
The Basicsp. 142
Advanced Issuesp. 146
Judge, Jury, and the Underlying Purpose of Proximate Causep. 161
Defenses Based on Plaintiffs Conductp. 165
Contributory Negligencep. 165
Comparative Negligencep. 172
Assumption of Riskp. 182
Strict Liability and Nuisancep. 188
Theories of Strict Liabilityp. 188
Traditional Strict Liabilityp. 197
Nuisancep. 204
Vicarious Liabilityp. 213
Products Liabilityp. 216
The Era of Contract Privityp. 217
The Era of Negligencep. 220
The Era of Transition and the Rise of Warranty Rulesp. 222
The Modem Era: "Strict" Liability for Defective Productsp. 226
Products Liability Defensesp. 236
Disclaimers, Bystanders, and Consumer Sovereigntyp. 237
Federal Preemptionp. 239
Damagesp. 241
Compensatory Damagesp. 241
Collateral Sources and Benefitsp. 249
Damages in Wrongful Death, Survival and Consor-tium Actionsp. 255
Punitive Damagesp. 258
Affirmative and Limited Dutiesp. 260
Rescuep. 262
Special Relationshipsp. 264
Other Affirmative Duties and Policy-Based Limits on Themp. 265
Premises Liabilityp. 267
Negligently Inflicted Emotional Distress: "Pure" Emotional Lossp. 270
"Pure" Economic Lossp. 277
Insurance, Tort Reform, and No-Fault Systemsp. 281
A Brief Primer on Insurance and a Conceptual Frameworkp. 281
Statutory Reform of Tort Doctrinep. 284
Workers Compensationp. 285
Auto No-Faultp. 288
Targeted No-Fault in Other Fieldsp. 295
Reputational and Dignitary Harms: Defamation and Invasion of Privacyp. 299
Defamationp. 299
Invasion of Privacyp. 308
Economic Harms: Misrepresentation and Interference with Contract or Prospective Contractual Advantagep. 313
Misrepresentationp. 313
Intentional Interference with Contractp. 323
Intentional Interference with Prospective Advantagep. 324
Table of Casesp. 327
Indexp. 331
Table of Contents provided by Ingram. All Rights Reserved.

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