Basic Tort Law: Cases, Statutes, and Problems: Cases, Statutes, and Problems

Front Cover
Aspen Publishing, Feb 13, 2018 - Law - 1008 pages

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Offering comprehensive coverage that is suitable for one or two semester torts courses, Basic Tort Law: Cases, Statutes, and Problems, Fifth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-17 allow teachers to select additional topics that fit best with their curriculum and interests.

Key Features:

Cases edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Practice-oriented problems in each chapter. A new section on the intentional tort of false imprisonment, covering the concepts of confinement, consent, intentionality, and the shopkeeper’s privilege. A new case addressing whether strict liability for abnormally dangerous activities applies to fracking, which, juxtaposed with another featured case, illustrates the differing ways courts have approached the Restatement factors. A new case discussing joint and several liability, offering a straightforward introduction that enhances or may be substituted for a more detailed treatment of this complicated area.
 

Contents

Contents Table of Problems Preface
Acknowledgments
Introduction
Organization of This Book
How Tort Law Serves Society
Intentional Torts
Muniz
Assault
Immunities
Statutes of Limitation and Repose
Apportionment of Damages
for Intentional Actors Wrongdoing
Phoenix Newspapers
Professionals
Osterloh
Applying the Professional Standard in Medical Cases

B Transfer of Intent Among People and Between Torts
False Imprisonment
Infliction of Emotional Distress
THE DUTY OF REASONABLE CARE
The Range of Application of the Reasonable Person Standard
B Emergencies
Taylor
Recklessness
Neuroscience and Neuroeconomics
The Duty of Reasonable Care Chapter 4 Proving Breach
Industry Custom
Res Ipsa Loquitur
of Negligence
CauseinFact
Alternatives to the Butfor Test
Abex Corp
DUTY AND PROXIMATE CAUSE
Proximate Cause
Action Is Valid?
F Combining Approaches
Cause Test
Duty and Proximate Cause Chapter 7 Defenses
Negligence CasesComparative Negligence
Assumption of Risk
Mitigation and Avoidable Consequences
Rothman
Legal Malpractice
Owners and Occupiers of Land
Modern Approaches
Efficiency of Common Law Rules
Special Duty Rules
Duty Limited by Type of Harm
Primary Assumption of Risk
Damages
Punitive Damages
Collateral Sources and Statutory
Traditional Strict Liability
Selected Dangerous Activities
Theories Fail
Products Liability
Development
B Restatements Second and Third
Trespass and Nuisance
Defamation
Alternatives to Litigation
Table of Cases
Table of Statutes and Other Authorities
Index
Copyright

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