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Schechter's a Short and Happy Guide to Torts

ISBN-10: 0314277870
ISBN-13: 9780314277879
Edition: 2012
List price: $20.00 Buy it from $6.86 Rent it from $15.98
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Description: 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  More...

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Book details

List price: $20.00
Copyright year: 2012
Publisher: West Academic
Publication date: 5/10/2012
Binding: Paperback
Pages: 224
Size: 6.00" wide x 9.00" long x 0.50" tall
Weight: 1.034
Language: English

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.

Introduction
Intentional Torts
The Concept of Intent
The Tort of Battery
The Tort of Assault
The Tort of False Imprisonment
The Tort of Intentional Infliction of Emotional Distress
The Tort of Trespass to Land
Torts violating Interests in Personal Property
Defenses to Intentional Torts
Consent
Self-Defense, Defense of Others, and Defense of Property
Public and Private Necessity
More Obscure Defenses
Negligence: An Introduction and the Concept of Duty
An Introduction to Negligence
The Concept of a "Duty of Care"
The Reasonably Prudent Person Standard of Care
The Duty of Care of Children
The Duty of Care of Professionals
Duties of Possessors of Land (Premises Liability)
Duties Based on Criminal Statutes
The No-Duty-To-Rescue Rule
Duties To Prevent Emotional Harm
Duties to Guard Against Harm Caused By Third Parties
Duties Owed to Unborn Children
Duty of Care of the Government
Family and Charitable Immunity
Negligence: The Breach Element
The Two Aspects of Proving Breach of Duty
The Relationship Between Duty and Breach
Assessing Reasonableness By Considering Custom
Assessing Reasonableness By Considering Costs and Benefits
Assessing Reasonableness By Appealing To Jury Intuition
Res Ipsa Loquitur
Negligence: Factual Causation
The Basic Test-The "But-For" Rule
The Special Situation of Merged Causes
Unascertainable Causes
The "Loss of Chance" Cases
Negligence: Proximate Cause
An Introduction
Really Silly Ideas For a Proximate Cause Test
Foreseeability As the Measure of Defendant's Liability
An Obsolete Rule and Its Rhetorical Legacy
Why It Gets Fuzzy: Characterizing the Risk
Negligence: Damages
Types of Damages Recoverable
The "Eggshell Skull" Principle
Allocation of Damages Between Multiple Defendants
The Collateral Source Rule
The Economic Loss Rule
Defenses to Negligence Claims
Historical Evolution of Negligence Defenses
The Mostly Obsolete Defense of Contributory Negligence
The Mostly Obsolete Defense of Implied Assumption of the Risk
Primary Assumption of the Risk
Comparative Negligence
Strict Liability For Defective Products
Introductory Observations
Defendant Must Be a Merchant
The Product Must Be Defective
The Product Must Not Have Been Altered
The User was Making a Foreseeable Use of the Product
Defenses to Strict Products Liability Claims
Other Strict Liability Claims
Abnormally Dangerous Activities
Keeping Animals
Dignitary, Economic and Other Torts
Defamation
Defenses to Defamation Claims
The Public Concern Defamation Scenario
The Four Privacy Torts
Nuisance
Business Torts
Vicarious Liability and Other Miscellaneous Topics
Employer Liability for Employee Torts
Independent Contractors
Other Potential Vicarious Liability Scenarios
Wrongful Death and Survival Statutes
Loss of Consortium

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