Basic Tort Law: Cases, Statutes, and Problems: Cases, Statutes, and ProblemsThe purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. 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 | |
Other editions - View all
Basic Tort Law: Cases, Statutes, and Problems Arthur Best,David W. Barnes,Nicholas Kahn-Fogel No preview available - 2018 |