The Forms and Functions of Tort Law

by Abraham, Kenneth S.

• ISBN13: 9781609300531
• ISBN10: 160930053X
• Edition: 4th
• Format: Paperback
• Copyright: 2012-03-06
• Publisher: West Academic

Summary

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

Preface	p. v
The Nature and Functions of Tort Law	p. 1
Introduction	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
Defenses	p. 35
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
Custom	p. 76
Malpractice	p. 81
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
Cause-In-Fact	p. 116
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
Nuisance	p. 204
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
Damages	p. 241
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
Rescue	p. 262
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
Defamation	p. 299
Invasion of Privacy	p. 308
Economic Harms: Misrepresentation and Interference with Contract or Prospective Contractual Advantage	p. 313
Misrepresentation	p. 313
Intentional Interference with Contract	p. 323
Intentional Interference with Prospective Advantage	p. 324
Table of Cases	p. 327
Index	p. 331
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