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Preface | |
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Acknowledgments | |
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Special Notice | |
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Intentional Torts | |
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Fundamental Protections: The Tort of Battery | |
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The Action for Assault: A Tort Ahead of Its Time | |
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The Far Side of the Coin: Classic Defenses to Intentional Torts | |
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The Concept of Negligence | |
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That Odious Character: The Reasonable Person | |
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Borrowing Standards of Care: Violation of Statute as Negligence | |
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A Phrase in Latin: Res Ipsa Loquitur | |
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The Causation Enigma | |
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Reconstructing History: Determining "Cause in Fact" | |
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Risks Reconsidered: Complex Issues in Establishing Factual Cause | |
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Drawing a Line Somewhere: Proximate Cause | |
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The Duty Element | |
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The Elusive Element of Duty: Two Principles in Search of an Exception | |
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Vicarious Displeasure: Claims for Indirect Infliction of Emotional Distress and Loss of Consortium | |
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Caveat Actor: Strict Liability for Abnormally Dangerous Activities | |
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Strict Products Liability: Basic Theories of Recovery | |
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More Products Liability: Common "Defenses" to Strict Products Liability Claims | |
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Damages for Personal Injury | |
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Personal Injury Damages: The Elements of Compensation | |
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Astrological Calculations: Valuing Future Damages | |
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Compensating Somebody: Wrongful Death and Survival Actions | |
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Interlude: Analyzing a Personal Injury Case | |
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Some Legal Anatomy: Thinking Like a Tort Lawyer | |
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Liability of Multiple Defendants | |
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Joint and Several Liability: The Classic Rules | |
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Honor Among Thieves: Basic Principles of Contribution | |
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Please Pass the Liability: Respondeat Superior and Nondelegable Duties | |
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The Effect of Plaintiff's Conduct | |
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The Once and Future Defense: Assumption of the Risk | |
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Casting the Second Stone: Comparative Negligence | |
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The Fracturing of the Common Law: Loss Allocation in the Comparative Negligence Era | |
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Taking a Torts Essay Exam | |
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The Pot at the End of the Rainbow: Analyzing Torts Issues on an Essay Exam | |
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Dandelions in the Bluebook Garden: Six Classic Exam Writing Mistakes | |
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Practice Makes Perfect: Examples and Explanations | |
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Index | |