| |
| |
| 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 | |