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Christie, Meeks, Pryor and Sanders' Cases and Materials on the Law of Torts, 4th

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

ISBN-13: 9780314259585

Availability: In Stock

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Series: American Casebook Series

Brand: West Law School

Pages: 1520

Components: 1 Print

Shelf Space: 2 in.

Free Update Period: 90 days

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Description

Covers the evolution of the basic building blocks of modern tort law. Includes revised chapters on product liability, insurance, and non-tort alternatives. Minimally edited cases make this edition a good vehicle for teaching first-year students the essential techniques of case analysis and legal method. Includes chapters on negligence, causation and plaintiff's conduct as a contributing cause, nuisance, misrepresentation and tortious interference with contract and prospective contract, false imprisonment and misuse of legal process, constitutional torts, and immunities.

Features

Addresses fetal injuries, preconception torts, and children with disabilities
Analyzes responsibility of multiple parties, including the plaintiff
Covers the law of negligence and the concept of legal cause
Discusses intentional infliction of emotional distress, defamation, and privacy
Examines strict liability and products liability
Looks at special situations
Presents tort reform and non-tort compensation programs
Traces recent developments of misrepresentation

Summary Of Contents

Preface
Table of Cases
Chapter
1. Introduction
  1. General
2. Intentional Torts
  1. The Concept of "Intent"
  2. Battery and Assault
  3. Transferred Intent
  4. Trespass to Land
  5. Trespass to Chattels
  6. Defenses
3. Negligence
  1. Historical Development
  2. The Plaintiff’s Prima Facie Case
  3. The Standard of Care
4. Causation
  1. Cause in Fact—The But For Test and the Notion of "Substantial Cause"
  2. Proximate Cause
  3. Intervening Causes as Superseding Causes
5. Others’ Conduct as a Contributing Cause
  1. Contributory Negligence
  2. Comparative Negligence
  3. Assumption of the Risk
  4. Avoidable Consequences, the "Seat Belt" Defense, and Mitigation of Damages
  5. Responsibility of Multiple Parties, Including the Plaintiff
  6. Group Liability
6. Special Situations
  1. The Failure to Aid
  2. Owners and Occupiers of Land
  3. Special Immunities
  4. Governmental Immunities
  5. Negligent Infliction of Emotional Distress
7. Strict Liability
  1. Animals
  2. Dangerous Activities
8. Products Liability
  - I. Negligence Actions—Overcoming the Privity Barrier
  - II. Strict Liability
  1. Contractually Based Remedies—Breach of Warranty
  2. Strict (Defect) Liability in Torts
  3. Types of Defects
  4. The Parties and Interests Covered by Products Liability
  5. Admissibility of Expert Testimony to Prove Defect and Causation
  6. Defenses
  7. Relevant Statutes
  8. Products Liability in the European Community and Japan
9. Damages in Nonfatal Injury Cases
  1. Introduction, and a Damage Problem
  2. Compensatory Damages for Nonfatal Personal Injury
  3. Loss of Consortium in Nonfatal Cases
  4. Theoretical and Practical Issues Relating to Nonpecuniary Damages
  5. The American Rule for Attorney’s Fees, Fee Shifting, and the Contingency Fee
  6. Lump–Sum, Periodic Payment, and Structured Settlements
10. Punitive Damages; Fatal Injuries; Birth–Related Tort Claims
  1. Punitive Damages
  2. Death–Related Tort Claims
  3. Birth–Related Tort Claims
11. Liability Insurance
  1. The Duty to Defend and the Duty to Indemnify
  2. The Duty to Settle
  3. Other Issues Relating to Liability Insurance
12. Tort Reform, and Nontort Compensation Programs
  1. Introduction
  2. Tort Reform
  3. An Introduction to Nontort Compensation Programs
  4. Cause–Based Compensation Programs
  5. Loss–Based Programs and Proposals
13. Nuisance
14. Torts for Economic Injury
  1. Introduction to Torts for Economic Injury
  2. The Economic Loss Rule
  3. Breach of Fiduciary Duty
  4. Misrepresentation: Intentional and Negligent
  5. Tortious Interference With Contract and Prospective Contractual Relations
15. Intentional Infliction of Emotional Distress
16. Defamation
  1. Common–Law Development
  2. Common–Law Defenses
  3. Constitutional Developments
17. Privacy
18. False Imprisonment and Misuse of Legal Process
  1. False Imprisonment
  2. Malicious Prosecution and Related Torts
19. Constitutional Torts
  1. Actions Against State Officials and Others Acting Under "Color of State Law"
  2. Actions Against Federal Officials
  3. Immunities
Index