Rent 9780314184917 | Torts and Compensation, Personal Accountability and Social Responsibility for Injury, the Conci...

Summary Table of Contents

The Concise Version is newly streamlined for professors who teach a four-unit course or who want to cover fewer pages per day yet to retain complete coverage. The Concise Edition tracks the Standard Edition, but aims at cutting an additional 200 pages by trimming notes and cases and omitting some cases in favor of a short textual summary, or in one instance, substituting a shorter case. It also omits defamation, fraud, and other economic and dignitary torts, as well as some practice-oriented material.

Preface to the Concise Sixth Edition	p. v
Acknowledgements	p. vii
Table of Cases	p. xxvii
A First Look at Torts
Tort Law: Aims, Approaches, and Processes	p. 2
What Is Tort Law	p. 2
The Aims and Approaches in Tort Law-Justice and Policy, Compensation and Deterrence	p. 3
Implementing Tort Law Purposes with Damages Awards	p. 11
Reading... MORE Torts Cases: Trial Procedures	p. 17
Looking for Facts, Rules, and Reasons	p. 17
Procedures at Trial	p. 19
Fault-Based Liability for Physical Harms to Persons and Property
Direct Intentional Wrongs
Establishing a Claim for Intentional Tort to Person or Property	p. 27
Battery	p. 27
Assault	p. 44
False Imprisonment	p. 48
Torts to Property	p. 51
Forcible Harms as Civil Rights Violations	p. 58
Defenses to Intentional Torts-Privileges	p. 60
Protecting Against the Apparent Misconduct of the Plaintiff	p. 60
The Special Case of Consent	p. 66
Privileges Not Based on Plaintiff's Conduct	p. 73
The Scheme of Negligent Wrongs
The Prima Facie Case for Negligence
Duty	p. 83
The Fault Basis of Liability
Negligence and Fault	p. 83
Institutions and Elements of Negligence	p. 84
Duty and Breach
The General Duty of Care: The Prudent Person Standard	p. 85
Specification of Particular Standards or Duties	p. 100
Negligence: Breach of Duty	p. 112
Assessing Reasonable Care by Assessing Foreseeable Risks and Costs	p. 112
Assessing Responsibility When More Than One Person Is Negligent	p. 131
Proving and Evaluating Conduct	p. 135
Proving Unspecified Negligence: The Special Case of Res Ipsa Loquitur	p. 147
Harm and Causation in Fact	p. 163
Actual Harm	p. 163
Cause in Fact	p. 165
Negligence: The Scope of Risk or "Proximate Cause" Element	p. 186
The Principle: Scope of Risk	p. 186
Assessing the Scope of the Risk	p. 198
Defenses
Contributory/Comparative Fault	p. 219
Contributory Negligence: The Common Law Rule	p. 219
Adopting and Applying Comparative Fault Rules	p. 221
AlI-or-Nothing Judgments after Comparative Fault	p. 224
Allocating Full Responsibility to the Defendant in the Interests of Policy or Justice	p. 226
Traditional Exceptions to the Contributory Negligence Bar	p. 234
Assumption of the Risk	p. 239
Contractual or Express Assumption of the Risk	p. 239
Implied Assumption of the Risk	p. 243
	p. 252
Statutes of Limitation	p. 252
Preemption and Compliance with Statute	p. 256
Limiting or Expanding the Duty of Care According to Context or Relationship
Limiting Duties According to Class or status of the Parties
Carriers, Host-Drivers and Landowners	p. 261
Carriers and Host-Drivers	p. 261
Landowners' Duties to Trespassers, Licensees, Invitees, and Children	p. 263
The Firefighter's Rule	p. 276
Adopting a Reasonable Care Standard for Landowners	p. 280
Recreational Uses: Re-Creation of the Status Categories	p. 282
Lessors	p. 283
Duties of Medical and Other Professionals	p. 286
Traditional Duties of Health Care Providers in Traditional Practice	p. 286
Res Ipsa Loquitur	p. 297
Informed Consent	p. 303
Changing Medicine, Changing Law P310
Nursing Homes, Long-Term Care and Elder Abuse	p. 314
Intentional Torts and Sexual Harassment by Professionals	p. 314
Family Members and Charities	p. 316
Family Members	p. 316
Charities	p. 321
Governmental Entities and Officers	p. 323
Traditional Immunities and Their Passing	p. 323
The Federal Tort Claims Act	p. 324
Immunities Under State Law	p. 334
Officers	p. 341
State and Municipal Liability Under sec 1983	p. 344
Relationships or their Absence: Nonaction, Contract and Protection from Others
Nonfeasance	p. 347
The No Duty to Act Rule	p. 347
Exceptions, Qualifications and Questions	p. 351
Contract and Duty	p. 360
Nonperformance of Promises	p. 360
Promises to Third Persons	p. 364
Action as a Promise or Undertaking	p. 371
The Duty to Protect from Third Persons P376
Defendant's Relationship with the Plaintiff	p. 376
Defendant's Relationship with Dangerous Persons	p. 388
Limiting Duties to Protect Against Special Types of Harm
Emotional Harm	p. 405
Intentional and Reckless Harms
Intentional Infliction of Emotional Distress	p. 405
Negligent Infliction of Distress or Emotional Harm
Fright or Shock from Risks of Physical Harm	p. 412
Duties of Care to Protect Emotional Well-Being Independent of Physical Risks	p. 424
Toxic Exposures: Fear of Future Harm: Limits on Recovery	p. 429
Prenatal Harms	p. 435
Prenatal and Preconception Injury	p. 435
Wrongful Life, Birth, or Conception	p. 441
Death	p. 446
The Ebb and Flow of Common Law Strict Liability for Physical Harms
Vicarious Liability	p. 458
Respondeat Superior and Scope of Employment	p. 458
Employers Who Are Not Masters	p. 472
Other Forms of Vicarious Responsibility	p. 484
The Development of Common Law Strict Liability	p. 485
Strict Liability for Trespassory Torts and the Advent of Fault Theory	p. 485
Strict Liability after Brown v. Kendall	p. 486
Strict Liability Today	p. 504
Tort Liability for Defective Products	p. 508
Developing Core Concepts
Evolution of Liability Theories	p. 508
Rationales for Strict Products Liability	p. 511
Excluding Stand-Alone Economic Harm	p. 514
Establishing a Prima Facie Case
Manufacturing Defects	p. 515
Design Defects	p. 519
Warning or Information Defects	p. 535
Special Issues of Proof	p. 542
Defenses and Defeats
Comparative Fault and Assumption of Risk	p. 543
Distinguishing Defenses from Failure to Prove Defect: Proximate Cause and Misuse	p. 549
Compliance With Overriding Standards-Statute, Specifications and Federal Preemption	p. 550
Statutes of Limitation	p. 551
Extending the Scope of Products Liability
Beyond the Manufacturer of New Goods	p. 551
Practicalities And Values
Settlement and Apportionment	p. 554
Insurance and Settlement
Being Aware of Insurance	p. 554
Being Aware of Settlements	p. 555
Settlement and Trial with Multiple Defendants
The Traditional Allocation of Responsibility among Multiple Defendants	p. 555
New Forms of Apportionment among Tortfeasors	p. 557
Multiple Defendants: Settlement and Suit in a Joint and Several Liability System	p. 567
Multiple Defendants: Settlement and Suit (Mostly) in a Proportionate Share System	p. 574
Damages	p. 587
Compensatory Damages Generally	p. 587
Adjustments in Damages	p. 597
Punitive Damages	p. 600
Evaluating Tort Law	p. 617
Tort Wars	p. 617
The Impact of Tort Law on the Injury Problem	p. 619
Alternatives To Tort Law
Being Aware of Compensation Options	p. 628
Economic And Dignitary Torts
Being Aware of Dignitary and Economic Torts	p. 632
An End Note	p. 634
Index	p. 635
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