Mastering tort law / Russell L. Weaver, Edward C. Martin, Andrew R. Klein, Paul J. Zwier, II, John H. Bauman.

Format:

Book

Author/Creator:

Weaver, Russell L., author.

Series:

Mastering series

Language:

English

Subjects (All):

Torts--United States.

Torts.

Liability (Law)--United States.

Liability (Law).

Damages--United States.

Damages.

United States.

Physical Description:

xxix, 414 pages ; 23 cm.

Edition:

Third edition.

Place of Publication:

Durham, North Carolina : Carolina Academic Press, LLC, [2022]

Summary:

"Mastering Tort Law is a succinct, practical guide to the intricacies of tort law. Functional in approach, it describes and illustrates basic tort doctrine, and provides students with insight into more advanced tort theories. In an attempt to facilitate student learning, the book includes a roadmap at the beginning of each chapter and a checklist at the end"-- Provided by publisher.

Contents:

Machine generated contents note: ch. 1 Introduction

ch. 2 Intentional Interference with Person or Property

Roadmap

I. Basic Definition

A. Intent and Motive Distinguished

B. Children and the Mentally Challenged

C. Transferred Intent

II. Interference with the Person

A. Assault

B. Battery

C. False Imprisonment

D. Intentional Infliction of Emotional Distress

III. Interference with Property

A. Trespass to Land

B. Trespass to Chattels

C. Conversion

Checkpoints

ch. 3 Defenses to Intentional Torts

I. Consent

A. Express Consent

B. Implied Consent

C. Medical Consent Cases: Battery vs. "Informed Consent"

D. Sporting Events

E. Summary Outline of Consent

II. Self-Defense

III. Defense of Property

A. Fresh Pursuit

B. Abusive Tactics

IV. Necessity

V. Free Speech and Academic Freedom Defenses to Intentional Infliction of Emotional Distress (Moral Outrage)

ch. 4 Negligence

I. Introduction

II. Duty

A. The Reasonably Prudent Person Standard

B. The Duty Standard for Children

C. The Duty Standard for Professionals

D. The Duty Standard for Land Owners and Occupiers

III. Breach of Duty

A. Risk-Utility Balancing Test

B. Evidence of Custom

C. Negligence Per Se

D. Res Ipsa Loquitur

ch. 5 Cause in Fact

I. Introduction: The Essential Link

II. "But For" Test

III. Multiple Sufficient Causes

IV. Allocation of Harms to Causes

V. Proof of Causation

VI. Loss of Chance, or "The Doctor Did It"

VII. Statistical Proof

ch. 6 Proximate Cause

I. Introduction: The Issue

II. Direct Cause Test

III. Foreseeability as a Limitation on Duty: The Unforeseeable Plaintiff

IV. The "Risk Rule"

V. The Thin-Skulled Plaintiff: Extent of Harm

VI. Intervening and Superseding Causes and the Risk Rule: The Basics

VII. Within the Risk? Coping with Defendant's Negligence

VIII. Within the Risk? Superseding Causes

ch. 7 Multiple Tortfeasors

I. Joint and Several Liability

II. Indeterminate Causation

III. Indemnity and Contribution

A. Indemnity

B. Contribution

ch. 8 Compensatory and Punitive Damages

I. Pecuniary Damages

II. Non-Pecuniary Damages

III. The Movement to Cap Damage Awards

IV. The Collateral Source Rule

V. Punitive Damages

VI. Statutory Reform

ch. 9 Limited Duty

I. No Duty to Act (Non-Feasance versus Mis-Feasance)

II. Exceptions to the "No-Duty" (Non-Feasance) Rule

A. Where Defendant's Initial Negligence Imperils a Rescuer

B. Where Defendant Voluntarily Assumes a Duty

C. Where Some Type of "Special Relationship" Exists between the Plaintiff and the Defendant

III. Public versus Private Duties

A. The "Public Duty" Rule

B. Voluntarily Assumed Public Duties

IV. Contractual Limitations on Duty

V. Negligent Infliction of Purely Emotional Distress Injuries

A. Purely Emotional Distress Injuries Inflicted upon Direct Victims of Tortious Misconduct

B. Purely Emotional Distress Injuries Inflicted upon Bystanders

ch. 10 Premises Liability: Duties of Owners and Occupiers of Land

I. Historical Background

II. "Conditions" versus "Activities" on the Land

III. Common Law Categories of Entrants

A. Trespassers

B. Licensees

C. Invitees

IV. Exceptions to the Common Law Category Classifications

A. Child Trespassers

B. "Discovered" Trespassers

C. Fire-Fighters

D. Social Guests

E. Recreational Premises

V. Modifications to Common Law Category Classifications

VI. Lessors

VII. Conclusion

ch. 11 Wrongful Death and Survival

I. History of Wrongful Death and Survival

II. Wrongful Death

A. Statutory

B. Bases of Claims

C. Proper Party Plaintiff

D. Recovery of Damages

E. Distribution of Awards

III. Survival Statutes

C. Proper Party Plaintiffs

ch. 12 Defenses to Negligence

I. Defenses Based on Plaintiff's Conduct

A. Common Law Contributory Negligence

1. The "Last Clear Chance" Doctrine

2. Assumption of the Risk as a Bar to an Employer's Negligence

B. Comparative Negligence

C. Common Law Assumption of the Risk

1. Express Assumption of the Risk

2. Implied Assumption of the Risk

D. Implied Assumption of the Risk under a Comparative Fault System

1. "Reasonable" versus "Unreasonable" Implied Assumption of the Risk

2. "Primary" versus "Secondary" Implied Assumption of the Risk

II. Non-Conduct Defenses, Limitations, and Immunities: Statutes of Limitation and Repose

A. Accrual: Statutes of Limitation and Repose

B. Immunities

1. Family Immunities

2. Charitable Immunity

3. Governmental (Federal, State, and Municipal) Immunity

4. Federal Immunity

ch. 13 Vicarious Liability

I. Respondeat Superior

A. Scope of Employment

1. The "Going and Coming" Rule

2. "Frolics" versus "Detours"

3. Intentional Torts and the "Dual Purpose" Test

B. Punitive Damages

C. Direct versus Indirect Liability

II. Independent Contractors

III. Joint Enterprises and loint Ventures

ch. 14 Common Law Strict Liability

I. Common Law Strict Liability

A. Wild Animals and Domestic Animals Known to Be Dangerous

B. Livestock

C. Abnormally Dangerous Activities

Rylands v. Fletcher

II. The Restatement and Strict Liability

A. Historical Background

B. Posner and Factor (f)

C. Products Liability and Restatement (Second) §402A

ch. 15 Nuisance

I. Public Nuisance

A. Types of Claims

D. Private Action for Public Nuisance

II. Private Nuisance

B. Bases of Liability

C. Substantial Harm

D. Remedies

1. Damages

2. Injunctions

E. Defenses Consistent with Basis of Claim

1. Intent

2. Negligence

3. Strict Liability

4. Moving to the Nuisance

5. Self-Help to Abate a Nuisance

ch. 16 Products Liability

I. Historical Background: Identifying the Policy Issues

A. Negligence Escapes the Privity Limitation

B. The Policy Argument for Strict Liability in Tort: The Escola Concurrence

C. Breach of Implied Warranty and the Limits of Contract

II. Modern Product Liability Begins

A. Defect: Manufacturing Defect

B. Defect: Design Defect

C. Defect: Failure to Warn

D. Unavoidably Dangerous Products: Prescription Drugs and Medical Devices

III. The Cast of Potential Defendants: Who Is a Seller?

IV. The Economic Loss Limitation

V. The Plaintiff's Conduct

ch. 17 Defamation

I. Common Law Definitions

II. Truth and Other Defenses

III. The Constitutionalization of Defamation

ch. 18 Invasion of Privacy

I. Appropriation

II. Intrusion on Plaintiff's Seclusion or Solitude

III. Public Disclosure of Private Embarrassing Facts

IV. False Light

ch. 19 Civil Rights

I. Tort Claims for Civil Rights Violations

II. Basic Common Law Claims

III. Constitutional and Statutory Claims

A. Constitutional Claims

B. Statutory Claims

C. Damages

ch. 20 Misuse of Legal Process

I. Malicious Prosecution (of a Criminal Action)

A. Criminal Prosecution Initiated by the Defendant

B. Lack of "Probable Cause" for the Criminal Prosecution

C. Common Law Malice by the Defendant

D. Termination of the Prosecution in Favor of the Accused

E. Special Damages

F. Special Defenses to the Tort of Malicious Prosecution

II. Malicious Prosecution (of a Civil Action)

III. Abuse of Process

A. Issuance of Some Type of Legal Process

B. An Ulterior Purpose by the Defendant

IV. Misuse of Legal Process

ch. 21 Misrepresentation

I. The Basic Elements of All Misrepresentation Torts

A. False Representation

B. Material Fact

C. Justifiable Reliance

D. Damages

II. Fraudulent Misrepresentation

A. Scienter

B. Intent to Cause Reliance

III. Negligent Misrepresentation

A. Duty Owed When Plaintiff Is Direct Recipient of Statement

B. Duty Owed When Plaintiff Is a Third Party

IV. Innocent Misrepresentation

ch. 22 Business Torts

I. Intentional Interference with a Contract

A. General Nature of the Tort

B. Justification

C. Interference with Own Contract

II. Wrongful Discharge

III. Intentional Interference with a Prospective Economic Advantage

A. General Nature of the Claim

B. Gifts or Inheritance

C. At Will Contracts

D. Justification

IV. Interference with Evidence

V. Negligent Interference with Business Relationship

VI. Bad Faith in Insurance Contracts

Contents note continued: VII. Common Law Intellectual Property

VIII. Unfair Trade and Competition

A. "Passing Off"

B. Copyright

C. Patent

D. Right of Publicity

Checkpoints.

Notes:

Includes index.

Other Format:

Online version: Mastering tort law

ISBN:

9781531022778

1531022774

OCLC:

1319836904