Torts in a Nutshell
by Kionka, Edward J.Format: Paperback
Pub. Date: 2005-07-30
Publisher(s): West Group
Other versions by this Author
-
This Item Qualifies for Free Shipping!*
*Excludes marketplace orders.
List Price: $36.75
Buy New
Arriving Soon. Will ship when available.
$35.00
Rent Textbook
Select for Price
Used Textbook
We're Sorry
Sold Out
eTextbook
We're Sorry
Not Available
How Marketplace Works:
- This item is offered by an independent seller and not shipped from our warehouse
- Item details like edition and cover design may differ from our description; see seller's comments before ordering.
- Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
- Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
- Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.
Summary
This Nutshell provides a foundation for tort law by introducing its origins, its objectives, and an overview of tort liability. Physical harm is discussed, including strict liability and negligent conduct liability, as well as defenses to negligence liability. Covers tort and contract law and explores survival and wrongful death.
Table of Contents
| Preface | p. III |
| Explanatory Notes | p. VII |
| Table of Cases | p. XVII |
| Introduction | |
| Prologue: Origins, Objectives, and Overviews of Tort Liability | p. 1 |
| The Definitional Dilemma | p. 1 |
| The Jurisprudence of Tort Law | p. 5 |
| The Evolution of Tort Concepts and Remedies | p. 15 |
| The Roles of Judges and Juries | p. 27 |
| Cause in Fact | p. 31 |
| Cause in Fact | p. 31 |
| Physical Harm | |
| Strict Liability | p. 39 |
| Basis of Strict Liability | p. 39 |
| Animals, Statutory Strict Liability | p. 41 |
| Abnormally Dangerous Activities | p. 44 |
| Scope of Strict Liability | p. 52 |
| Liability for Negligent Conduct | p. 56 |
| Standards of Conduct: Of Risks and Reasonable Persons | p. 56 |
| Sources of Standards of Conduct | p. 72 |
| Proof of Negligence | p. 80 |
| Scope of Liability: Proximate or "Legal" Cause | p. 90 |
| The Concept of Duty | p. 105 |
| Degrees of Negligence | p. 114 |
| Willful and Wanton Misconduct | p. 118 |
| Defenses to Negligence Liability | p. 122 |
| Contributory Negligence | p. 122 |
| Comparative Negligence | p. 127 |
| Imputed Contributory Negligence | p. 131 |
| Assumption of Risk | p. 134 |
| Mitigation of Damages and Avoidable Consequences | p. 143 |
| Statutes of Limitations and Repose | p. 144 |
| Liability for Intentional Misconduct | p. 147 |
| Intent | p. 147 |
| Battery | p. 151 |
| Assault | p. 153 |
| False Imprisonment | p. 155 |
| Intentional or Reckless Infliction of Emotional Distress | p. 158 |
| Trespass to Land | p. 163 |
| Chattels | p. 169 |
| Defenses to Liability for Intentional Misconduct | p. 180 |
| In General | p. 180 |
| Consent | p. 182 |
| Defense of Self and Others | p. 187 |
| Defense and Recovery of Property | p. 190 |
| Necessity | p. 195 |
| Authority of Law | p. 197 |
| Discipline | p. 200 |
| Special Liability Rules for Particular Activities | p. 202 |
| Introduction | p. 202 |
| Owners and Occupiers of Land | |
| Liability to Persons Off the Premises | p. 203 |
| Trespassing Adults | p. 207 |
| Trespassing Children | p. 214 |
| Licensees and Invitees | p. 222 |
| Rejection of Categories | p. 234 |
| Lessors | p. 236 |
| Vendors and Vendees | p. 244 |
| Products Liability | |
| An Overview of Products Liability | p. 247 |
| Employers, Employees and Contractors | |
| Vicarious Liability | p. 263 |
| Employees | p. 265 |
| Independent Contractors | p. 272 |
| Employer's Liability to Employee; Workers' Compensation | p. 279 |
| Railroad Employees | p. 285 |
| Maritime Employees | p. 288 |
| Automobiles | |
| Special Automobile Liability Rules | p. 293 |
| Automobile Accident Compensation | p. 298 |
| Other Special Liability Rules | |
| Medical and Other Professional Negligence ("Malpractice") | p. 310 |
| Nuisance and Environmental Law | p. 313 |
| Negligent Infliction of Emotional Distress | p. 328 |
| Prenatal Harm | p. 334 |
| Alcoholic Beverages | p. 337 |
| Interference With Federal Constitutional Rights | p. 339 |
| Damages for Physical Harm | p. 349 |
| Compensatory Damages | p. 349 |
| Consequential Damages | p. 361 |
| Punitive Damages | p. 365 |
| Allocation Among Tortfeasors | p. 371 |
| Tort and Contract | |
| Tort and Contract | p. 383 |
| Parties to the Contract | p. 383 |
| Liability to Third Persons Not Parties to the Contract | p. 387 |
| Immunities | |
| Immunities | p. 393 |
| Government and Its Employees | p. 393 |
| Charities | p. 404 |
| Spouses, Parents and Children | p. 407 |
| Survival and Wrongful Death | |
| Survival and Wrongful Death | p. 413 |
| Survival of Tort Actions | p. 413 |
| Wrongful Death | p. 417 |
| Wrongful Death: Beneficiaries and Damages | p. 422 |
| Wrongful Death: Defenses | p. 430 |
| Injuries to Other Interests | |
| Defamation | p. 435 |
| Defamation | p. 435 |
| Libel and Slander | p. 440 |
| Publication | p. 442 |
| Fault | p. 444 |
| Defenses | p. 447 |
| Damages | p. 455 |
| Privacy | p. 458 |
| In General | p. 458 |
| Appropriation | p. 459 |
| Unreasonable Intrusion | p. 460 |
| Public Disclosure of Private Facts | p. 461 |
| False Light in the Public Eye | p. 462 |
| Misrepresentation and Non-disclosure | p. 464 |
| Remedies for Misrepresentation | p. 464 |
| Basis of Liability | p. 469 |
| Scope of Liability | p. 476 |
| Representation and Nondisclosure | p. 482 |
| Reliance | p. 485 |
| Opinion, Prediction, and Intention | p. 488 |
| Damages for Misrepresentation | p. 494 |
| Index | p. 499 |
| Table of Contents provided by Ingram. All Rights Reserved. |
An electronic version of this book is available through VitalSource.
This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.
By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.
Digital License
You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.
More details can be found here.
A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.
Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.
Please view the compatibility matrix prior to purchase.