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Christie, Meeks, Pryor and Sanders' Advanced Torts, Cases and Materials

By George C. Christie, James E Meeks, Ellen Smith Pryor, Joseph Sanders

ISBN-13: 9780314151599

Availability: In Stock

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Series: American Casebook Series

Brand: West Law School

Pages: 688

Components: 1 Print

Shelf Space: 1 in.

Free Update Period: 90 days

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Description

This casebook is designed for instructors who want to cover business torts in some depth and also for instructors who want to cover in some detail subjects such as products liability, damages, and defamation and privacy without requiring students who have not used the basic torts casebook in their initial torts course to purchase the more comprehensive casebook.

Features

Summary Of Contents

Preface
Table of Cases
Chapter
1. Products Liability
  1. Negligence Actions—Overcoming the Privity Barrier
  2. Other Theories of Liability: Misrepresentation and Breach of Warranty
    1. Misrepresentation
    2. Contractually Based Remedies—Breach of Warranty
  3. Strict (Defect) Liability in Torts
    1. Historical Development
    2. Plaintiffs and Defendants
    3. Defining a Defect
  4. Types of Defects
    1. Manufacturing Defects
    2. Design Defects
    3. Warning Defects
    4. The Continuing Tension Between Warning and Design
  5. The Parties and Interests Covered by Products Liability
    1. Manufacturers of Component Parts
    2. Successor Liability
    3. The Sale of Real Estate
    4. Used Goods
    5. Franchisors
    6. Non–Sales Situations—Services
  6. Admissibility of Expert Testimony
  7. Defenses
    1. Plaintiff’s Behavior
    2. Pre-emption
    3. Compliance With Regulations
    4. Government Contractors
  8. Relevant Statutes
  9. Products Liability in the European Community and Japan
    1. The European Economic Union Directive
    2. Japan
    3. Comparison of European, Japanese, and American Approaches
2. Torts for Economic Injury: The Economic Loss Rule, Breach of Fiduciary Duty, Agency Principles, Fraudulent and Negligent Misrepresentation
  1. Introduction to Torts for Economic Injury
  2. The Economic Loss Rule
  3. Breach of Fiduciary Duty
  4. Intersections Between Tort Law and Agency Law
  5. Misrepresentation: Intentional and Negligent
3. Tortious Interference With Contract and Prospective Contract; Attorney Malfeasance; Damages for Economic Torts
  1. Tortious Interference With Contract and Prospective Contractual Relations
  2. Malfeasance by Lawyers
  3. Damages for Economic Torts
4. Liability Insurance and its Role in Personal Injury and Economic Tort Litigation
  1. Liability Insurance ("Third Party" Insurance) Versus First Party Insurance
  2. The Duty to Defend and the Duty to Indemnify
  3. Exclusions to Coverage
  4. Conflicts of Interest Between the Insurance Company and the Insured
  5. Role and Responsibilities of the Insurance Defense Counsel
  6. The Duty to Settle
  7. Do We "Overconsume" Liability Insurance?
  8. Interaction of Liability Insurance and First–Party Insurance Sources: Subrogation
5. Intentional Infliction of Emotional Distress
6. Defamation
  1. Common–Law Development
  2. Common–Law Defenses
  3. Constitutional Developments
7. Privacy
8. False Imprisonment and Misuse of Legal Process
  1. False Imprisonment
  2. Malicious Prosecution and Related Torts
Index