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Introduction | |
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Overview | |
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How to Approach a Torts Problem | |
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Policies Underlying Tort Law | |
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A Few Words About Law and Economics | |
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Relationship Between Torts and Other Areas of the Law | |
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Checklist for Overview | |
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Intentional Torts: Prima Facie Case and Defenses | |
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General Approach | |
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Analyzing Intent | |
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Elements of Individual Intentional Torts | |
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Defenses to Intentional Torts | |
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A Few Words About Remedies | |
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A Few Words About Nuisance | |
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Problems | |
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Suggested Answers | |
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Checklist for Intentional Torts | |
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Negligence: Duty of Care | |
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General Approach | |
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General Duty of Reasonable Care | |
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Special Duty Issues | |
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Problems | |
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Suggested Answers | |
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Checklist for Negligence: Duty of Care | |
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Negligence: Breach Through Unreasonable Conduct | |
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General Approach | |
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Judge Versus Jury | |
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What to Consider in Determining Reasonableness | |
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Problems | |
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Suggested Answers | |
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Checklist for Breach of Duty | |
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Negligence: Factual and Legal Causation | |
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General Approach | |
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Factual Causation | |
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Legal Causation | |
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Problems | |
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Suggested Answers | |
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Checklist for Causation | |
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Negligence: Recoverable Damages | |
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General Approach | |
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Survival and Wrongful Death Actions | |
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Types of Recoverable Damages | |
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Problems | |
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Suggested Answers | |
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Checklist for Negligence: Recoverable Damages | |
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Strict Liability | |
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General Approach | |
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Animals | |
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Abnormally Dangerous Activities | |
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Products Liability | |
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Problems | |
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Suggested Answers | |
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Checklist for Strict Liability | |
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Tort Remedies | |
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General Approach | |
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Injunctions | |
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Damages | |
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Problems | |
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Suggested Answers | |
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Checklist for Tort Remedies | |
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Defenses to Negligence and Strict Liability Claims | |
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General Approach | |
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Defenses Based on the Plaintiff's Conduct | |
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Defenses Based on the Defendant's Status | |
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Problems | |
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Suggested Answers | |
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Checklist for Defenses to Negligence and Strict Liability Claims | |
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Multiple Defendants | |
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General Approach | |
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Joint and Several Liability | |
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Vicarious Liability | |
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Special Issues Under Comparative Negligence | |
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Problems | |
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Suggested Answers | |
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Checklist for Multiple Defendants | |
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Products Liability | |
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General Approach | |
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Negligence | |
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Strict Liability | |
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Misrepresentation | |
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Special Defenses in Products Liability Claims | |
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Restatement (Third) of Torts: Products Liability | |
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Problems | |
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Suggested Answers | |
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Checklist for Products Liability | |
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Reputation Based Torts | |
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General Approach | |
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Defamation | |
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Privacy | |
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Checklist for Reputation Based Torts | |
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Business Torts | |
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General Approach | |
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Misrepresentation | |
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Injurious Falsehood | |
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Intentional Interference With Contracts | |
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Intentional Interference With Economic Relations | |
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Misappropriation | |
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Checklist for Business Torts | |
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Torts Arising From the Legal Process | |
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General Approach | |
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Malicious Institution of Civil Proceedings | |
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Malicious Prosecution | |
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Abuse of Process | |
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Problem | |
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Suggested Answer | |
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Checklist for Torts Arising from the Legal Process | |
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Exam Pointers | |
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Example of a Comprehensive Exam | |
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Exam Checklists | |