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| Preface | |
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| The Nature and Functions of Tort Law | |
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| Introduction | |
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| Procedure in a Tort Suit: Where Tort Law Comes From | |
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| The Nature of Tort Law | |
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| Intentional Physical and Emotional Harm | |
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| The Personal Injury Torts | |
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| Defenses | |
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| The Property Torts | |
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| The Negligence Standard | |
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| A Page of History | |
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| The Reasonable Person Standard | |
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| The Negligence "Calculus" | |
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| Custom | |
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| Malpractice | |
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| Violation of Statutes | |
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| Negligence and No Negligence as a Matter of Law: The Roles of Judge and Jury | |
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| Proof of Negligence | |
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| The Burden of Proof | |
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| Res Ipsa Loquitur | |
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| Cause-In-Fact | |
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| The "But For" Test | |
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| Multiple Causes, Indeterminate Causes, and Exceptions to the Conventional Test | |
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| The Scope of Liability: Proximate Cause | |
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| The Basics | |
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| Advanced Issues | |
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| Judge, Jury, and the Underlying Purpose of Proximate Cause | |
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| Defenses Based on Plaintiffs Conduct | |
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| Contributory Negligence | |
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| Comparative Negligence | |
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| Assumption of Risk | |
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| Strict Liability and Nuisance | |
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| Theories of Strict Liability | |
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| Traditional Strict Liability | |
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| Nuisance | |
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| Vicarious Liability | |
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| Products Liability | |
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| The Era of Contract Privity | |
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| The Era of Negligence | |
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| The Era of Transition and the Rise of Warranty Rules | |
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| The Modem Era: "Strict" Liability for Defective Products | |
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| Products Liability Defenses | |
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| Disclaimers, Bystanders, and Consumer Sovereignty | |
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| Federal Preemption | |
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| Damages | |
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| Compensatory Damages | |
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| Collateral Sources and Benefits | |
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| Damages in Wrongful Death, Survival and Consor-tium Actions | |
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| Punitive Damages | |
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| Affirmative and Limited Duties | |
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| Rescue | |
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| Special Relationships | |
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| Other Affirmative Duties and Policy-Based Limits on Them | |
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| Premises Liability | |
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| Negligently Inflicted Emotional Distress: "Pure" Emotional Loss | |
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| "Pure" Economic Loss | |
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| Insurance, Tort Reform, and No-Fault Systems | |
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| A Brief Primer on Insurance and a Conceptual Framework | |
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| Statutory Reform of Tort Doctrine | |
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| Workers Compensation | |
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| Auto No-Fault | |
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| Targeted No-Fault in Other Fields | |
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| Reputational and Dignitary Harms: Defamation and Invasion of Privacy | |
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| Defamation | |
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| Invasion of Privacy | |
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| Economic Harms: Misrepresentation and Interference with Contract or Prospective Contractual Advantage | |
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| Misrepresentation | |
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| Intentional Interference with Contract | |
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| Intentional Interference with Prospective Advantage | |
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| Table of Cases | |
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| Index | |