Forms and Functions of Tort Law

ISBN-10: 160930053X

ISBN-13: 9781609300531

Edition: 4th 2012 (Revised)

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Description:

The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in the standard torts course. This text addresses cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. The straightforward, readable text addresses both rules and policy and presents topics in a way that helps students effectively grapple with issues. Since each chapter stands on its own, the book is ideal as a classroom text as well as for self-directed reading by students.
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Book details

List price: $45.00
Edition: 4th
Copyright year: 2012
Publisher: West Academic
Publication date: 3/6/2012
Binding: Paperback
Pages: 347
Size: 6.00" wide x 9.00" long x 0.50" tall
Weight: 0.880
Language: English

Nigel Hamilton is the author of prize-winning biographies of Field Marshal Bernard Montgomery and of John F. Kennedy. He is currently a Senior Fellow of the John W. McCormack Graduate School of Policy and Global Studies at the University of Massachusetts, Boston.Kenneth S. Abraham is David and Mary Harrison Distinguished Professor of Law, University of Virginia.

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