A Short & Happy Guide to Torts

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  • Format: Paperback
  • Copyright: 2012-05-11
  • Publisher: West Academic

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In this concise book Professor Schechter, an award-winning teacher and prominent national bar lecturer has balanced brevity and humor with a clear, crisp and thorough review of basic Torts doctrine. His comprehensive survey includes not only thorough coverage of core topics such as negligence and strict products liability, but provides an overview of the economic and dignitary torts, damages issues, and vicarious liability as well. As the series title promises, the author has kept it short, and the book will make students happy.

Author Biography

Roger E. Schechter began teaching law at George Washington University in the fall of 1980. He had to fight his way into the first year curriculum, but his Dean allowed him to begin teaching Torts in 1987. A few years later he began lecturing on Torts for the nation's leading bar review course, which he continues to do in numerous jurisdictions around the country. Most of his academic writing has been in the field of intellectual property law. Blessed with an assortment of extremely bright and hardworking co-authors, you can find his name on Casebooks and Hornbooks about Copyright, Trademarks and Patent Law. Even more blessed with intellectually lively and personally delightful Torts students each year, he continues to find the subject of Torts an absolute delight.

Table of Contents

Introductionp. vii
Intentional Torts
The Concept of Intentp. 1
The Tort of Batteryp. 5
The Tort of Assaultp. 8
The Tort of False Imprisonmentp. 11
The Tort of Intentional Infliction of Emotional Distressp. 14
The Tort of Trespass to Landp. 18
Torts violating Interests in Personal Propertyp. 22
Defenses to Intentional Torts
Consentp. 25
Self-Defense, Defense of Others, and Defense of Propertyp. 29
Public and Private Necessityp. 32
More Obscure Defensesp. 36
Negligence: An Introduction and the Concept of Duty
An Introduction to Negligencep. 39
The Concept of a "Duty of Care"p. 41
The Reasonably Prudent Person Standard of Carep. 43
The Duty of Care of Childrenp. 48
The Duty of Care of Professionalsp. 50
Duties of Possessors of Land (Premises Liability)p. 55
Duties Based on Criminal Statutesp. 63
The No-Duty-To-Rescue Rulep. 67
Duties To Prevent Emotional Harmp. 70
Duties to Guard Against Harm Caused By Third Partiesp. 74
Duties Owed to Unborn Childrenp. 78
Duty of Care of the Governmentp. 80
Family and Charitable Immunityp. 83
Negligence: The Breach Element
The Two Aspects of Proving Breach of Dutyp. 85
The Relationship Between Duty and Breachp. 86
Assessing Reasonableness By Considering Customp. 87
Assessing Reasonableness By Considering Costs and Benefitsp. 89
Assessing Reasonableness By Appealing To Jury Intuitionp. 92
Res Ipsa Loquiturp. 94
Negligence: Factual Causation
The Basic Test-The "But-For" Rulep. 99
The Special Situation of Merged Causesp. 102
Unascertainable Causesp. 104
The "Loss of Chance" Casesp. 106
Negligence: Proximate Cause
An Introductionp. 109
Really Silly Ideas For a Proximate Cause Testp. 112
Foreseeability As the Measure of Defendant's Liabilityp. 114
An Obsolete Rule and Its Rhetorical Legacyp. 116
Why It Gets Fuzzy: Characterizing the Riskp. 123
Negligence: Damages
Types of Damages Recoverablep. 127
The "Eggshell Skull" Principlep. 131
Allocation of Damages Between Multiple Defendantsp. 132
The Collateral Source Rulep. 135
The Economic Loss Rulep. 136
Defenses to Negligence Claims
Historical Evolution of Negligence Defensesp. 139
The Mostly Obsolete Defense of Contributory Negligencep. 140
The Mostly Obsolete Defense of Implied Assumption of the Riskp. 142
Primary Assumption of the Riskp. 144
Comparative Negligencep. 146
Strict Liability For Defective Products
Introductory Observationsp. 151
Defendant Must Be a Merchantp. 152
The Product Must Be Defectivep. 153
The Product Must Not Have Been Alteredp. 157
The User was Making a Foreseeable Use of the Productp. 158
Defenses to Strict Products Liability Claimsp. 159
Other Strict Liability Claims
Abnormally Dangerous Activitiesp. 161
Keeping Animalsp. 163
Dignitary, Economic and Other Torts
Defamationp. 165
Defenses to Defamation Claimsp. 170
The Public Concern Defamation Scenariop. 172
The Four Privacy Tortsp. 175
Nuisancep. 179
Business Tortsp. 181
Vicarious Liability and Other Miscellaneous Topics
Employer Liability for Employee Tortsp. 187
Independent Contractorsp. 190
Other Potential Vicarious Liability Scenariosp. 192
Wrongful Death and Survival Statutesp. 193
Loss of Consortiump. 195
Table of Contents provided by Ingram. All Rights Reserved.

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