Torts and Compensation, Personal Accountability and Social Responsibility for Injury

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  • Edition: 6th
  • Format: Hardcover
  • Copyright: 2009-05-07
  • Publisher: West Academic
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The Concise Version is newly streamlined for professors who teach a four-unit course or who want to cover fewer pages per day yet to retain complete coverage. The Concise Edition tracks the Standard Edition, but aims at cutting an additional 200 pages by trimming notes and cases and omitting some cases in favor of a short textual summary, or in one instance, substituting a shorter case. It also omits defamation, fraud, and other economic and dignitary torts, as well as some practice-oriented material.

Table of Contents

Preface to the Concise Sixth Editionp. v
Acknowledgementsp. vii
Table of Casesp. xxvii
A First Look at Torts
Tort Law: Aims, Approaches, and Processesp. 2
What Is Tort Lawp. 2
The Aims and Approaches in Tort Law-Justice and Policy, Compensation and Deterrencep. 3
Implementing Tort Law Purposes with Damages Awardsp. 11
Reading Torts Cases: Trial Proceduresp. 17
Looking for Facts, Rules, and Reasonsp. 17
Procedures at Trialp. 19
Fault-Based Liability for Physical Harms to Persons and Property
Direct Intentional Wrongs
Establishing a Claim for Intentional Tort to Person or Propertyp. 27
Batteryp. 27
Assaultp. 44
False Imprisonmentp. 48
Torts to Propertyp. 51
Forcible Harms as Civil Rights Violationsp. 58
Defenses to Intentional Torts-Privilegesp. 60
Protecting Against the Apparent Misconduct of the Plaintiffp. 60
The Special Case of Consentp. 66
Privileges Not Based on Plaintiff's Conductp. 73
The Scheme of Negligent Wrongs
The Prima Facie Case for Negligence
Dutyp. 83
The Fault Basis of Liability
Negligence and Faultp. 83
Institutions and Elements of Negligencep. 84
Duty and Breach
The General Duty of Care: The Prudent Person Standardp. 85
Specification of Particular Standards or Dutiesp. 100
Negligence: Breach of Dutyp. 112
Assessing Reasonable Care by Assessing Foreseeable Risks and Costsp. 112
Assessing Responsibility When More Than One Person Is Negligentp. 131
Proving and Evaluating Conductp. 135
Proving Unspecified Negligence: The Special Case of Res Ipsa Loquiturp. 147
Harm and Causation in Factp. 163
Actual Harmp. 163
Cause in Factp. 165
Negligence: The Scope of Risk or "Proximate Cause" Elementp. 186
The Principle: Scope of Riskp. 186
Assessing the Scope of the Riskp. 198
Contributory/Comparative Faultp. 219
Contributory Negligence: The Common Law Rulep. 219
Adopting and Applying Comparative Fault Rulesp. 221
AlI-or-Nothing Judgments after Comparative Faultp. 224
Allocating Full Responsibility to the Defendant in the Interests of Policy or Justicep. 226
Traditional Exceptions to the Contributory Negligence Barp. 234
Assumption of the Riskp. 239
Contractual or Express Assumption of the Riskp. 239
Implied Assumption of the Riskp. 243
p. 252
Statutes of Limitationp. 252
Preemption and Compliance with Statutep. 256
Limiting or Expanding the Duty of Care According to Context or Relationship
Limiting Duties According to Class or status of the Parties
Carriers, Host-Drivers and Landownersp. 261
Carriers and Host-Driversp. 261
Landowners' Duties to Trespassers, Licensees, Invitees, and Childrenp. 263
The Firefighter's Rulep. 276
Adopting a Reasonable Care Standard for Landownersp. 280
Recreational Uses: Re-Creation of the Status Categoriesp. 282
Lessorsp. 283
Duties of Medical and Other Professionalsp. 286
Traditional Duties of Health Care Providers in Traditional Practicep. 286
Res Ipsa Loquiturp. 297
Informed Consentp. 303
Changing Medicine, Changing Law P310
Nursing Homes, Long-Term Care and Elder Abusep. 314
Intentional Torts and Sexual Harassment by Professionalsp. 314
Family Members and Charitiesp. 316
Family Membersp. 316
Charitiesp. 321
Governmental Entities and Officersp. 323
Traditional Immunities and Their Passingp. 323
The Federal Tort Claims Actp. 324
Immunities Under State Lawp. 334
Officersp. 341
State and Municipal Liability Under sec 1983p. 344
Relationships or their Absence: Nonaction, Contract and Protection from Others
Nonfeasancep. 347
The No Duty to Act Rulep. 347
Exceptions, Qualifications and Questionsp. 351
Contract and Dutyp. 360
Nonperformance of Promisesp. 360
Promises to Third Personsp. 364
Action as a Promise or Undertakingp. 371
The Duty to Protect from Third Persons P376
Defendant's Relationship with the Plaintiffp. 376
Defendant's Relationship with Dangerous Personsp. 388
Limiting Duties to Protect Against Special Types of Harm
Emotional Harmp. 405
Intentional and Reckless Harms
Intentional Infliction of Emotional Distressp. 405
Negligent Infliction of Distress or Emotional Harm
Fright or Shock from Risks of Physical Harmp. 412
Duties of Care to Protect Emotional Well-Being Independent of Physical Risksp. 424
Toxic Exposures: Fear of Future Harm: Limits on Recoveryp. 429
Prenatal Harmsp. 435
Prenatal and Preconception Injuryp. 435
Wrongful Life, Birth, or Conceptionp. 441
Deathp. 446
The Ebb and Flow of Common Law Strict Liability for Physical Harms
Vicarious Liabilityp. 458
Respondeat Superior and Scope of Employmentp. 458
Employers Who Are Not Mastersp. 472
Other Forms of Vicarious Responsibilityp. 484
The Development of Common Law Strict Liabilityp. 485
Strict Liability for Trespassory Torts and the Advent of Fault Theoryp. 485
Strict Liability after Brown v. Kendallp. 486
Strict Liability Todayp. 504
Tort Liability for Defective Productsp. 508
Developing Core Concepts
Evolution of Liability Theoriesp. 508
Rationales for Strict Products Liabilityp. 511
Excluding Stand-Alone Economic Harmp. 514
Establishing a Prima Facie Case
Manufacturing Defectsp. 515
Design Defectsp. 519
Warning or Information Defectsp. 535
Special Issues of Proofp. 542
Defenses and Defeats
Comparative Fault and Assumption of Riskp. 543
Distinguishing Defenses from Failure to Prove Defect: Proximate Cause and Misusep. 549
Compliance With Overriding Standards-Statute, Specifications and Federal Preemptionp. 550
Statutes of Limitationp. 551
Extending the Scope of Products Liability
Beyond the Manufacturer of New Goodsp. 551
Practicalities And Values
Settlement and Apportionmentp. 554
Insurance and Settlement
Being Aware of Insurancep. 554
Being Aware of Settlementsp. 555
Settlement and Trial with Multiple Defendants
The Traditional Allocation of Responsibility among Multiple Defendantsp. 555
New Forms of Apportionment among Tortfeasorsp. 557
Multiple Defendants: Settlement and Suit in a Joint and Several Liability Systemp. 567
Multiple Defendants: Settlement and Suit (Mostly) in a Proportionate Share Systemp. 574
Damagesp. 587
Compensatory Damages Generallyp. 587
Adjustments in Damagesp. 597
Punitive Damagesp. 600
Evaluating Tort Lawp. 617
Tort Warsp. 617
The Impact of Tort Law on the Injury Problemp. 619
Alternatives To Tort Law
Being Aware of Compensation Optionsp. 628
Economic And Dignitary Torts
Being Aware of Dignitary and Economic Tortsp. 632
An End Notep. 634
Indexp. 635
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