Acing Tort Law

by Shubha Ghosh

Overview

A great checklist presents the series of issues that must be understood in order to identify and resolve the range of legal issues presented in an examination question. Acing Tort Law gives you this resource by providing checklists for all of the topics generally covered in the basic tort procedure course.

Clarifies complex topics in an easy-to-understand checklist format

Provides the critical roadmap you need to guide you through your analysis on exams

Sets forth each of the issues you should spot and resolve within an exam problem

Lays out a clear and succinct review of each of the major topics and cases covered in a tort law course

Includes numerous hypothetical problems and sample answers that can be used for practicing to write effective exam essays

Exam analysis memo that works through how to write an answer to a law school exam

At last, you can make sense of everything you learned in Tort Law!

Product Details

ISBN-13:	9781628103564
Publisher:	West Academic
Publication date:	08/09/2012
Series:	Acing Series
Sold by:	Barnes & Noble
Format:	eBook
Pages:	256
File size:	519 KB

Table of Contents

Introduction 1

1 Overview 5

How to Approach a Torts Problem 5

Policies Underlying Tort Law 6

A Few Words About Law and Economics 8

Relationship Between Torts and Other Areas of the Law 10

Checklist for Overview 12

2 Intentional Torts: Prima Facie Case and Defenses 15

General Approach 15

Analyzing Intent 16

Elements of Individual Intentional Torts 18

Defenses to Intentional Torts 22

A Few Words About Remedies 24

A Few Words About Nuisance 24

Problems 25

Suggested Answers 26

Checklist for Intentional Torts 29

3 Negligence: Duty of Care 35

General Approach 35

General Duty of Reasonable Care 36

Special Duty Issues 37

Problems 44

Suggested Answers 45

Checklist for Negligence: Duty of Care 47

4 Negligence: Breach Through Unreasonable Conduct 51

General Approach 51

Judge Versus Jury 52

What to Consider in Determining Reasonableness 53

Problems 59

Suggested Answers 61

Checklist for Breach of Duty 66

5 Negligence: Factual and Legal Causation 69

General Approach 69

Factual Causation 70

Legal Causation 75

Problems 84

Suggested Answers 85

Checklist for Causation 90

6 Negligence: Recoverable Damages 93

General Approach 93

Survival and Wrongful Death Actions 93

Types of Recoverable Damages 94

Problems 95

Suggested Answers 96

Checklist for Negligence: Recoverable Damages 98

7 Strict Liability 99

General Approach 99

Animals 100

Abnormally Dangerous Activities 101

Products Liability 103

Problems 103

Suggested Answers 103

Checklist for Strict Liability 105

8 Tort Remedies 107

General Approach 107

Injunctions 108

Damages 108

Problems 111

Suggested Answers115

Checklist for Tort Remedies 116

9 Defenses to Negligence and Strict Liability Claims 119

General Approach 119

Defenses Based on the Plaintiff's Conduct 119

Defenses Based on the Defendant's Status 126

Problems 127

Suggested Answers 128

Checklist for Defenses to Negligence and Strict Liability Claims 130

10 Multiple Defendants 133

General Approach 133

Joint and Several Liability 133

Vicarious Liability 136

Special Issues Under Comparative Negligence 139

Problems 141

Suggested Answers 143

Checklist for Multiple Defendants 143

11 Products Liability 147

General Approach 147

Negligence 148

Strict Liability 150

Misrepresentation 154

Special Defenses in Products Liability Claims 154

Problems 157

Suggested Answers 157

Checklist for Products Liability 160

12 Reputation Based Torts 163

General Approach 163

Defamation 163

Privacy 169

Checklist for Reputation Based Torts 171

13 Business Torts 175

General Approach 175

Misrepresentation 175

Injurious Falsehood 177

Intentional Interference With Contracts 177

Intentional Interference With Economic Relations 178

Misappropriation 178

Checklist for Business Torts 179

Exam Pointers 181

Example of a Comprehensive Exam 185

Exam Checklists 203