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Law of Torts : A Concise Treatise on the Civil Liability at Common Law and under Modern Statutes for Actionable Wrongs to Person and Property

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ISBN-10: 1587980002

ISBN-13: 9781587980008

Edition: 2000 (Reprint)

Authors: Francis M. Burdick

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Book details

Copyright year: 2000
Publisher: Beard Books, Incorporated
Binding: Paperback
Pages: 501
Size: 5.00" wide x 7.75" long x 1.50" tall
Weight: 1.584
Language: English

Introductory Chapter
The Antiquity of Torts:--The Recency of Text Books on Tortsp. 1
Beginning of Modern Theory of Tortsp. 2
Indefiniteness of the Termp. 3
Non-Contract Lawp. 3
Thou Shalt Do no Hurt to Thy Neighborp. 3
Other Attempts at Simplificationp. 4
Tort may be Negative.--Innkeeperp. 4
Tort may Violate Right in Personamp. 6
Right of guest against Innkeeperp. 6
Right of Shipperp. 7
Agent as Tort Feasorp. 8
Torts Springing out of Contractp. 9
Nature of a Tort
Its Chief Characteristicsp. 11
Tort is distinguishable from crimep. 12
Merger of Tort in Felony: In Englandp. 12
Same in Americap. 13
The distinction between a tort and a breach of contractp. 14
Plaintiff's Option to sue in Contract or Tortp. 16
Advantage of Suing in Tortp. 17
Disadvantage of Suing in Tortp. 19
Extending the Area of Tortp. 21
Plaintiff Must Show Breach of Legal Dutyp. 22
False Statements Causing Damagep. 23
Waiving Tort and Suing in Contractp. 24
Distinction between Quasi-Contract and True Contractp. 25
Quasi-Delictp. 27
Quasi-Tortp. 28
Harm That Are Not Torts
Harm Must be Unlawfulp. 29
Defamation by Legislatorsp. 30
Judicial Officers' Exemptionp. 30
Harms Inflicted by Acts of Statep. 37
Liability of Government Officials to Fellow Citizensp. 39
Acts of Military and Naval Officersp. 42
Harms Done Under the Police Powerp. 42
Defense of Self and Propertyp. 51
Conflicting Rightsp. 62
Assent of Plaintiffp. 74
Plaintiff a Wrongdoerp. 85
Remoteness of Damage. Proximate Causep. 89
Mental Anguish; Wounded Feelings; Fright; Nervous Shockp. 94
Parties to tort actions
Corporationsp. 105
Members of the Familyp. 117
Actions Involving the Relation of Master and Servantp. 130
Special Duties of Master Towards Servantp. 157
Remedies
Development of Remediesp. 188
Self-Helpp. 189
Action for Damages is the Ordinary Tort Remedyp. 196
Local Actions for Tortp. 213
Conflict of Laws in Transitory Actionsp. 214
Indemnity Between Wrongdoersp. 218
Contribution Between Wrongdoersp. 219
Discharge of Torts
Two Species of Dischargep. 221
Discharge by Operation of Lawp. 228
Particular Tortsp. 240
False Imprisonmentp. 240
Malicious Prosecutionp. 248
Malicious Abuse of Processp. 262
Wrongs Kindred to Malicious Prosecutionp. 264
Assault and Battery
What Constitutes this Tortp. 266
Wrongful Disturbance of Family Relations
The Family Head and Family Rightsp. 273
Abductionp. 279
Torts Against the Masterp. 285
Conspiracy as a Tortp. 287
Defamation
Nature of the Tortp. 291
Libel and Slanderp. 300
Slanderp. 309
Defenses in Actions for Defamationp. 319
Trespass to Property
Definition of Trespassp. 337
Trespass to Realtyp. 337
Intention of Trespasserp. 338
Mitigation and Aggravation of Damagesp. 339
The Right to Damages for Trespass to Landp. 339
Injuries Which are not Trespassp. 340
The Possession of Plaintiffp. 340
Trespass by Animalsp. 341
Trespasses by Animals Driven Along Highwaysp. 343
Duty of Land-Owner to Trespassersp. 343
Trespass to Chattelsp. 343
Intention to Inflict Harm is not materialp. 344
Possession of Plaintiffp. 345
Excusable Trespassesp. 345
Trespass Ab Initiop. 346
Trover and Conversion
The Fiction of Findingp. 347
Subject Matter of Troverp. 348
Against Whom the Tort May be Committedp. 348
How Conversion is Committedp. 349
Wrongful Asportation in the Exercise of Dominionp. 349
Intention to Convertp. 350
Conversion without Physical Takingp. 350
Goods Obtained By Fraudp. 351
Excluding the Rightful Owner, or Possessorp. 352
Nonfeasance, or Neligent Omissionp. 352
Sale of Property, as a Conversionp. 353
Purchaser is also Liable for Conversionp. 354
Wrongful Use of Property as a Conversionp. 355
Conversion of Principal's Property by Agentp. 356
Asportation or Detention by a Mere Custodierp. 357
Conversion by a Finderp. 358
Conversion by Unlawful Detentionp. 360
Unconditional Refusalp. 360
Qualified Refusalp. 361
Conversion by a Tenant in Commonp. 362
Conversion by Pledgeep. 363
Tender of Converted Goods by Defendantp. 363
Deceit and Kindred Torts
Deceitp. 365
Slander of Titlep. 380
Unfair Competitionp. 384
Nuisance
Private Nuisancep. 395
Public Nuisancep. 408
Parties to Nuisance Actionsp. 409
Remedies for Nuisancep. 416
Negligence
Nature of the Tortp. 420
Froving Negligencep. 425
Contributory Negligencep. 430
Imputed Negligencep. 442
Liability of Land Owner or Occupier; and of Others Engaged in Extra Hazardous Undertakingsp. 445
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