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Torts in a Nutshell » (5th Edition)
Authors: Edward Kionka
ISBN-13: 9780314195005, ISBN-10: 0314195009
Format: Paperback
Publisher: Thomson West
Date Published: January 2009
Edition: 5th Edition
Author Biography: Edward Kionka
Book Synopsis
This book is intended for anyone seeking a concise exposition or review of the basic principles of tort law. Its principal audience is the first year law student struggling to get a glimpse of the elusive "big picture".
Table of Contents
| Preface | III | |
| Explanatory Notes | VII | |
| Table of Cases | XVII | |
| Part I | Introduction | |
| Chapter 1 | Prologue: Origins, Objectives, and Overviews of Tort Liability | 1 |
| 1-1 | The Definitional Dilemma | 1 |
| 1-2 | The Jurisprudence of Tort Law | 5 |
| 1-3 | The Evolution of Tort Concepts and Remedies | 15 |
| 1-4 | The Roles of Judges and Juries | 27 |
| Chapter 2 | Cause in Fact | 31 |
| 2-1 | Cause in Fact | 31 |
| Part II | Physical Harm | |
| Chapter 3 | Strict Liability | 39 |
| 3-1 | Basis of Strict Liability | 39 |
| 3-2 | Animals, Statutory Strict Liability | 41 |
| 3-3 | Abnormally Dangerous Activities | 44 |
| 3-4 | Scope of Strict Liability | 52 |
| Chapter 4 | Liability for Negligent Conduct | 56 |
| 4-1 | Standards of Conduct: Of Risks and Reasonable Persons | 56 |
| 4-2 | Sources of Standards of Conduct | 72 |
| 4-3 | Proof of Negligence | 80 |
| 4-4 | Scope of Liability: Proximate or "Legal" Cause | 90 |
| 4-5 | The Concept of Duty | 105 |
| 4-6 | Degrees of Negligence | 114 |
| 4-7 | Willful and Wanton Misconduct | 118 |
| Chapter 5 | Defenses to Negligence Liability | 122 |
| 5-1 | Contributory Negligence | 122 |
| 5-2 | Comparative Negligence | 127 |
| 5-3 | Imputed Contributory Negligence | 131 |
| 5-4 | Assumption of Risk | 134 |
| 5-5 | Mitigation of Damages and Avoidable Consequences | 143 |
| 5-6 | Statutes of Limitations and Repose | 144 |
| Chapter 6 | Liability for Intentional Misconduct | 147 |
| 6-1 | Intent | 147 |
| 6-2 | Battery | 151 |
| 6-3 | Assault | 153 |
| 6-4 | False Imprisonment | 155 |
| 6-5 | Intentional or Reckless Infliction of Emotional Distress | 158 |
| 6-6 | Trespass to Land | 163 |
| 6-7 | Chattels | 169 |
| Chapter 7 | Defenses to Liability for Intentional Misconduct | 180 |
| 7-1 | In General | 180 |
| 7-2 | Consent | 182 |
| 7-3 | Defense of Self and Others | 187 |
| 7-4 | Defense and Recovery of Property | 190 |
| 7-5 | Necessity | 195 |
| 7-6 | Authority of Law | 197 |
| 7-7 | Discipline | 200 |
| Chapter 8 | Special Liability Rules for Particular Activities | 202 |
| 8-1 | Introduction | 202 |
| A | Owners and Occupiers of Land | |
| 8-2 | Liability to Persons Off the Premises | 203 |
| 8-3 | Trespassing Adults | 207 |
| 8-4 | Trespassing Children | 214 |
| 8-5 | Licensees and Invitees | 222 |
| 8-6 | Rejection of Categories | 234 |
| 8-7 | Lessors | 236 |
| 8-8 | Vendors and Vendees | 244 |
| B | Products Liability | |
| 8-9 | An Overview of Products Liability | 247 |
| C | Employers, Employees and Contractors | |
| 8-10 | Vicarious Liability | 263 |
| 8-11 | Employees | 265 |
| 8-12 | Independent Contractors | 272 |
| 8-13 | Employer's Liability to Employee; Workers' Compensation | 279 |
| 8-14 | Railroad Employees | 285 |
| 8-15 | Maritime Employees | 288 |
| D | Automobiles | |
| 8-16 | Special Automobile Liability Rules | 293 |
| 8-17 | Automobile Accident Compensation | 298 |
| E | Other Special Liability Rules | |
| 8-18 | Medical and Other Professional Negligence ("Malpractice") | 310 |
| 8-19 | Nuisance and Environmental Law | 313 |
| 8-20 | Negligent Infliction of Emotional Distress | 328 |
| 8-21 | Prenatal Harm | 334 |
| 8-22 | Alcoholic Beverages | 337 |
| 8-23 | Interference With Federal Constitutional Rights | 339 |
| Chapter 9 | Damages for Physical Harm | 349 |
| 9-1 | Compensatory Damages | 349 |
| 9-2 | Consequential Damages | 361 |
| 9-3 | Punitive Damages | 365 |
| 9-4 | Allocation Among Tortfeasors | 371 |
| Part III | Tort and Contract | |
| Chapter 10 | Tort and Contract | 383 |
| 10-1 | Parties to the Contract | 383 |
| 10-2 | Liability to Third Persons Not Parties to the Contract | 387 |
| Part IV | Immunities | |
| Chapter 11 | Immunities | 393 |
| 11-1 | Government and Its Employees | 393 |
| 11-2 | Charities | 404 |
| 11-3 | Spouses, Parents and Children | 407 |
| Part V | Survival and Wrongful Death | |
| Chapter 12 | Survival and Wrongful Death | 413 |
| 12-1 | Survival of Tort Actions | 413 |
| 12-2 | Wrongful Death | 417 |
| 12-3 | Wrongful Death: Beneficiaries and Damages | 422 |
| 12-4 | Wrongful Death: Defenses | 430 |
| Part VI | Injuries to Other Interests | |
| Chapter 13 | Defamation | 435 |
| 13-1 | Defamation | 435 |
| 13-2 | Libel and Slander | 440 |
| 13-3 | Publication | 442 |
| 13-4 | Fault | 444 |
| 13-5 | Defenses | 447 |
| 13-6 | Damages | 455 |
| Chapter 14 | Privacy | 458 |
| 14-1 | In General | 458 |
| 14-2 | Appropriation | 459 |
| 14-3 | Unreasonable Intrusion | 460 |
| 14-4 | Public Disclosure of Private Facts | 461 |
| 14-5 | False Light in the Public Eye | 462 |
| Chapter 15 | Misrepresentation and Non-disclosure | 464 |
| 15-1 | Remedies for Misrepresentation | 464 |
| 15-2 | Basis of Liability | 469 |
| 15-3 | Scope of Liability | 476 |
| 15-4 | Representation and Nondisclosure | 482 |
| 15-5 | Reliance | 485 |
| 15-6 | Opinion, Prediction, and Intention | 488 |
| 15-7 | Damages for Misrepresentation | 494 |
| Index | 499 |
Subjects
Law
Tort & Liability Law Torts
Nonfiction Law Tort & Liability Law
Political Books & Current Events Books Law Tort & Liability Law
Tort & Liability Law TortsNonfiction
Law Tort & Liability LawPolitical Books & Current Events Books
Law Tort & Liability Law
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