The Law of Torts: Examples and Explanations

by Glannon, Joseph W.

• ISBN13: 9780735511910
• ISBN10: 0735511918
• Edition: 2nd
• Format: Paperback
• Copyright: 2000-01-01
• Publisher: Wolters Kluwer

Summary

These distinctive characteristics earned the book its reputation for effectiveness: - highly respected author, whose best-selling Civil Procedure: Examples & Explanations has been a lifesaver for first-year students- uniquely entertaining writing style that captures and holds student interest- coverage of the standard topics from most Torts courses -- intentional torts, negligence, causation, duty, damages, liability of multiple defendants, and the effect of the plaintiff's conduct- three-chapter section on Taking a Torts Essay Exam supplies guidance, tips, and sample exam questions and answersThe Third Edition introduces important material: - two new chapters on Products Liability, one on theories of recovery in strict products liability cases and one on common defenses to strict products liability claims- completely updated text, with citations reflecting the most current law

Table of Contents

Preface	p. xi
Acknowledgments	p. xiii
Special Notice	p. xv
Intentional Torts	p. 1
Fundamental Protections: The Tort of Battery	p. 3
The Action for Assault: A Tort Ahead of Its Time	p. 23
The Far Side of the Coin: Classic Defenses to Intentional Torts	p. 43
The Concept of Negligence	p. 67
That Odious Character: The Reasonable Person	p. 69
Borrowing Standards of Care: Violation of Statute as Negligence	p. 93
A Phrase in Latin: Res Ipsa Loquitur	p. 113
The Causation Enigma	p. 137
Reconstructing History: Determining "Cause in Fact"	p. 139
Risks Reconsidered: Complex Issues in Establishing Factual Cause	p. 159
Drawing a Line Somewhere: Proximate Cause	p. 183
The Duty Element	p. 209
The Elusive Element of Duty: Two Principles in Search of an Exception	p. 211
Vicarious Displeasure: Claims for Indirect Infliction of Emotional Distress and Loss of Consortium	p. 237
Caveat Actor: Strict Liability for Abnormally Dangerous Activities	p. 263
Strict Products Liability: Basic Theories of Recovery	p. 285
More Products Liability: Common "Defenses" to Strict Products Liability Claims	p. 313
Damages for Personal Injury	p. 339
Personal Injury Damages: The Elements of Compensation	p. 341
Astrological Calculations: Valuing Future Damages	p. 365
Compensating Somebody: Wrongful Death and Survival Actions	p. 389
Interlude: Analyzing a Personal Injury Case	p. 411
Some Legal Anatomy: Thinking Like a Tort Lawyer	p. 413
Liability of Multiple Defendants	p. 437
Joint and Several Liability: The Classic Rules	p. 439
Honor Among Thieves: Basic Principles of Contribution	p. 457
Please Pass the Liability: Respondeat Superior and Nondelegable Duties	p. 477
The Effect of Plaintiff's Conduct	p. 499
The Once and Future Defense: Assumption of the Risk	p. 501
Casting the Second Stone: Comparative Negligence	p. 525
The Fracturing of the Common Law: Loss Allocation in the Comparative Negligence Era	p. 551
Taking a Torts Essay Exam	p. 569
The Pot at the End of the Rainbow: Analyzing Torts Issues on an Essay Exam	p. 571
Dandelions in the Bluebook Garden: Six Classic Exam Writing Mistakes	p. 597
Practice Makes Perfect: Examples and Explanations	p. 611
Index	p. 627
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