The Forms and Functions of Tort Law / Edition 4

by Kenneth S. Abraham

Overview

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.

Product Details

ISBN-13:	9781609300531
Publisher:	Foundation Press, Incorporated, The
Publication date:	02/28/2012
Series:	Concepts and Insights
Edition description:	New Edition
Pages:	335
Product dimensions:	6.20(w) x 9.30(h) x 0.50(d)

Table of Contents

Preface v

1 The Nature and Functions of Tort Law 1

I Introduction 1

II Procedure in a Tort Suit: Where Tort Law Comes From 5

III The Nature of Tort Law 16

2 Intentional Physical and Emotional Harm 24

I The Personal Injury Torts 24

II Defenses 35

III The Property Torts 40

3 The Negligence Standard 51

I A Page of History 52

II The Reasonable Person Standard 58

III The Negligence "Calculus" 68

IV Custom 76

V Malpractice 81

VI Violation of Statutes 91

VII Negligence and No Negligence as a Matter of Law: The Roles of Judge and Jury 95

4 Proof of Negligence 101

I The Burden of Proof 101

II Res Ipsa Loquitur 106

5 Cause-In-Fact 116

I The "But For" Test 116

II Multiple Causes, Indeterminate Causes, and Exceptions to the Conventional Test 122

6 The Scope of Liability: Proximate Cause 141

I The Basics 142

II Advanced Issues 146

III Judge, Jury, and the Underlying Purpose of Proximate Cause 161

7 Defenses Based on Plaintiffs Conduct 165

I Contributory Negligence 165

II Comparative Negligence 172

III Assumption of Risk 182

8 Strict Liability and Nuisance 188

I Theories of Strict Liability 188

II Traditional Strict Liability 197

III Nuisance 204

IV Vicarious Liability 213

9 Products Liability 216

I The Era of Contract Privity 217

II The Era of Negligence 220

III The Era of Transition and the Rise of Warranty Rules 222

IV The Modem Era: "Strict" Liability for Defective Products 226

V Products Liability Defenses 236

VI Disclaimers, Bystanders, and Consumer Sovereignty 237

VII Federal Preemption 239

10 Damages 241

I Compensatory Damages 241

II Collateral Sources and Benefits 249

III Damages in Wrongful Death, Survival and Consor-tium Actions 255

IV Punitive Damages 258

11 Affirmative and Limited Duties 260

I Rescue 262

II Special Relationships 264

III Other Affirmative Duties and Policy-Based Limits on Them 265

IV Premises Liability 267

V Negligently Inflicted Emotional Distress: "Pure" Emotional Loss 270

VI "Pure" Economic Loss 277

12 Insurance, Tort Reform, and No-Fault Systems 281

I A Brief Primer on Insurance and a Conceptual Framework 281

II Statutory Reform of Tort Doctrine 284

III Workers Compensation 285

IV Auto No-Fault 288

V Targeted No-Fault in Other Fields 295

13 Reputational and Dignitary Harms: Defamation and Invasion of Privacy 299

I Defamation 299

II Invasion of Privacy 308

14 Economic Harms: Misrepresentation and Interference with Contract or Prospective Contractual Advantage 313

I Misrepresentation 313

II Intentional Interference with Contract 323

III Intentional Interference with Prospective Advantage 324

Table of Cases 327

Index 331