Preface to Students |
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Acknowledgments |
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Special Notice |
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PART I. INTENTIONAL TORTS |
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Chapter 1 |
Fundamental Protections: The Tort of Battery |
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Chapter 2 |
The Action for Assault: A Tort Ahead of Its Time |
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Chapter 3 |
Protecting the Right of Possession: Trespass to Land |
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Chapter 4 |
Dueling Remedies: Trespass to Chattels and Conversion |
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Chapter 5 |
False Imprisonment: Protecting Freedom of Movement |
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Chapter 6 |
The Far Side of the Coin: Classic Defenses to Intentional Torts |
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PART II. THE CONCEPT OF NEGLIGENCE |
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Chapter 7 |
That Odious Character: The Reasonable Person |
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Chapter 8 |
Borrowing Standards of Care: Violation of Statute as Negligence |
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Chapter 9 |
A Phrase in Latin: Res Ipsa Loquitur |
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PART III. THE CAUSATION ENIGMA |
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Chapter 10 |
Reconstructing History: Determining “Cause in Fact” |
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Chapter 11 |
Risks Reconsidered: Complex Issues in Establishing Factual Cause |
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Chapter 12 |
Drawing a Line Somewhere: Proximate Cause |
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PART IV. THE DUTY ELEMENT |
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Chapter 13 |
The Elusive Element of Duty: Two Principles in Search of an Exception |
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Chapter 14 |
Vicarious Displeasure: Claims for Indirect Infliction of Emotional Distress and Loss of Consortium |
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Chapter 15 |
Caveat Actor: Strict Liability for Abnormally Dangerous Activities |
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Chapter 16 |
Strict Products Liability: Basic Theories of Recovery |
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Chapter 17 |
More Products Liability: Common “Defenses” to Strict Products Liability Claims |
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PART V. DAMAGES FOR PERSONAL INJURY |
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Chapter 18 |
Personal Injury Damages: The Elements of Compensation |
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Chapter 19 |
Compensating Somebody: Wrongful Death and Survival Actions |
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PART VI. INTERLUDE: PLEADING A PERSONAL INJURY CASE |
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Chapter 20 |
Some Legal Anatomy: Thinking Like a Tort Lawyer |
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PART VII. LIABILITY OF MULTIPLE DEFENDANTS |
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Chapter 21 |
Joint and Several Liability: The Classic Rules |
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Chapter 22 |
Honor Among Thieves: Basic Principles of Contribution |
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Chapter 23 |
Please Pass the Liability: Respondeat Superior and Nondelegable Duties |
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PART VIII. THE EFFECT OF PLAINTIFF’S CONDUCT |
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Chapter 24 |
The Once and Future Defense: Assumption of the Risk |
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Chapter 25 |
Casting the Second Stone: Comparative Negligence |
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Chapter 26 |
The Fracturing of the Common Law: Loss Allocation in the Comparative Negligence Era |
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PART IX. TAKING A TORTS ESSAY EXAM |
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Chapter 27 |
The Pot at the End of the Rainbow: Analyzing Torts Issues on an Essay Exam |
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Chapter 28 |
Dandelions in the Bluebook Garden: Six Classic Exam Writing Mistakes |
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Chapter 29 |
Practice Makes Perfect: Examples and Explanations |
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Index |
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