Preface to Students

Acknowledgments

Special Notice

PART I. INTENTIONAL TORTS

Chapter 1

Fundamental Protections: The Tort of Battery

Chapter 2

The Action for Assault: A Tort Ahead of Its Time

Chapter 3

Protecting the Right of Possession: Trespass to Land

Chapter 4

Dueling Remedies: Trespass to Chattels and Conversion

Chapter 5

False Imprisonment: Protecting Freedom of Movement

Chapter 6

The Far Side of the Coin: Classic Defenses to Intentional Torts

PART II. THE CONCEPT OF NEGLIGENCE

Chapter 7

That Odious Character: The Reasonable Person

Chapter 8

Borrowing Standards of Care: Violation of Statute as Negligence

Chapter 9

A Phrase in Latin: Res Ipsa Loquitur

PART III. THE CAUSATION ENIGMA

Chapter 10

Reconstructing History: Determining “Cause in Fact”

Chapter 11

Risks Reconsidered: Complex Issues in Establishing Factual Cause

Chapter 12

Drawing a Line Somewhere: Proximate Cause

PART IV. THE DUTY ELEMENT

Chapter 13

The Elusive Element of Duty: Two Principles in Search of an Exception

Chapter 14

Vicarious Displeasure: Claims for Indirect Infliction of Emotional Distress and Loss of Consortium

Chapter 15

Caveat Actor: Strict Liability for Abnormally Dangerous Activities

Chapter 16

Strict Products Liability: Basic Theories of Recovery

Chapter 17

More Products Liability: Common “Defenses” to Strict Products Liability Claims

PART V. DAMAGES FOR PERSONAL INJURY

Chapter 18

Personal Injury Damages: The Elements of Compensation

Chapter 19

Compensating Somebody: Wrongful Death and Survival Actions

PART VI. INTERLUDE: PLEADING A PERSONAL INJURY CASE

Chapter 20

Some Legal Anatomy: Thinking Like a Tort Lawyer

PART VII. LIABILITY OF MULTIPLE DEFENDANTS

Chapter 21

Joint and Several Liability: The Classic Rules

Chapter 22

Honor Among Thieves: Basic Principles of Contribution

Chapter 23

Please Pass the Liability: Respondeat Superior and Nondelegable Duties

PART VIII. THE EFFECT OF PLAINTIFF’S CONDUCT

Chapter 24

The Once and Future Defense: Assumption of the Risk

Chapter 25

Casting the Second Stone: Comparative Negligence

Chapter 26

The Fracturing of the Common Law: Loss Allocation in the Comparative Negligence Era

PART IX. TAKING A TORTS ESSAY EXAM

Chapter 27

The Pot at the End of the Rainbow: Analyzing Torts Issues on an Essay Exam

Chapter 28

Dandelions in the Bluebook Garden: Six Classic Exam Writing Mistakes

Chapter 29

Practice Makes Perfect: Examples and Explanations

Index