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Items
Details
Author
Title
Torts in a nutshell / by Edward J. Kionka.
Published
St. Paul, MN : West/Thomson, [2010]
Copyright
©2010
Call Number
KF1250.Z9 K53 2010
Edition
Fifth edition.
Spine Title
Torts
ISBN
9780314195005 (pbk.)
0314195009 (pbk.)
0314195009 (pbk.)
Description
xxiv, 563 pages ; 19 cm.
System Control No.
(OCoLC)649517110
Note
Includes index.
Series
Record Appears in
Table of Contents
Preface
iii
Explanatory Notes
vii
Table of Cases
xvii
pt. I
INTRODUCTION
ch. 1
Prologue: Origins, Objectives, and Overviews of Tort Liability
1
[§] 1-1
The Definitional Dilemma
1
[§] 1-2
The Jurisprudence of Tort Law
5
[§] 1-3
The Evolution of Tort Concepts and Remedies
14
[§] 1-4
The Roles of Judges and Juries
26
ch. 2
Cause in Fact
30
[§] 2-1
Cause in Fact
30
pt. II
PHYSICAL HARM
ch. 3
Strict Liability
39
[§] 3-1
Basis of Strict Liability
39
[§] 3-2
Animals, Statutory Strict Liability
41
[§] 3-3
Abnormally Dangerous Activities
44
[§] 3-4
Scope of Strict Liability
53
ch. 4
Liability for Negligent Conduct
58
[§] 4-1
Standards of Conduct: Of Risks and Reasonable Persons
58
[§] 4-2
Sources of Standards of Conduct
76
[§] 4-3
Proof of Negligence
85
[§] 4-4
Scope of Liability: Proximate or "Legal" Cause
97
[§] 4-5
The Concept of Duty
113
[§] 4-6
Degrees of Negligence
124
[§] 4-7
Willful and Wanton Misconduct
128
ch. 5
Defenses to Negligence Liability
132
[§] 5-1
Contributory Negligence
132
[§] 5-2
Comparative Negligence
137
[§] 5-3
Imputed Contributory Negligence
145
[§] 5-4
Assumption of Risk
148
[§] 5-5
Mitigation of Damages and Avoidable Consequences
159
[§] 5-6
Statutes of Limitations and Repose
161
ch. 6
Liability for Intentional Misconduct
164
[§] 6-1
Intent
164
[§] 6-2
Battery
169
[§] 6-3
Assault
171
[§] 6-4
False Imprisonment
174
[§] 6-5
Intentional or Reckless Infliction of Emotional Distress
177
[§] 6-6
Trespass to Land
184
[§] 6-7
Chattels
190
ch. 7
Defenses to Liability for Intentional Misconduct
201
[§] 7-1
In General
201
[§] 7-2
Consent
203
[§] 7-3
Defense of Self and Others
208
[§] 7-4
Defense and Recovery of Property
211
[§] 7-5
Necessity
216
[§] 7-6
Authority of Law
218
[§] 7-7
Discipline
221
ch. 8
Special Liability Rules for Particular Activities and Parties
223
A.
Owners And Occupiers Of Land
[§] 8-1
Introduction
224
[§] 8-2
Liability to Persons Off the Premises
226
[§] 8-3
Classification of Entrants; Trespassing Adults
230
[§] 8-4
Trespassing Children
237
[§] 8-5
Licensees and Invitees
245
[§] 8-6
Rejection of Categories
257
[§] 8-7
Lessors
261
[§] 8-8
Vendors and Vendees
271
B.
Products liability
[§] 8-9
An Overview of Products Liability
275
C.
Employers, Employees And Contractors
[§] 8-10
Vicarious Liability
295
[§] 8-11
Employees
297
[§] 8-12
Independent Contractors
304
[§] 8-13
Employer's Liability to Employee; Workers' Compensation
311
[§] 8-14
Railroad Employees
317
[§] 8-15
Maritime Employees
320
D.
Automobiles
[§] 8-16
Special Automobile Liability Rules
325
[§] 8-17
Automobile Accident Compensation
330
E.
Other Special Liability Rules
[§] 8-18
Medical and Other Professional Negligence ("Malpractice")
342
[§] 8-19
Nuisance and Environmental Law
346
[§] 8-20
Negligent Infliction of Emotional Distress
361
[§] 8-21
Prenatal Harm
370
[§] 8-22
Alcoholic Beverages
374
[§] 8-23
Interference With Federal Constitutional Rights
377
ch. 9
Damages for Physical Harm
386
[§] 9-1
Compensatory Damages
386
[§] 9-2
Consequential Damages
398
[§] 9-3
Punitive Damages
402
[§] 9-4
Allocation Among Tortfeasors
408
pt. III
TORT AND CONTRACT
ch. 10
Tort and Contract
421
[§] 10-1
Parties to the Contract
421
[§] 10-2
Liability to Third Persons Not Parties to the Contract
425
pt. IV
IMMUNITIES
ch. 11
Immunities
431
[§] 11-1
Government and Its Employees
431
[§] 11-2
Charities
443
[§] 11-3
Spouses, Parents and Children
445
pt. V
SURVIVAL AND WRONGFUL DEATH
ch. 12
Survival and Wrongful Death
453
[§] 12-1
Survival of Tort Actions
453
[§] 12-2
Wrongful Death
458
[§] 12-3
Wrongful Death: Beneficiaries and Damages
463
[§] 12-4
Wrongful Death: Defenses
471
pt. VI
INJURIES TO OTHER INTERESTS
ch. 13
Defamation
475
[§] 13-1
Defamation
475
[§] 13-2
Libel and Slander
482
[§] 13-3
Publication
484
[§] 13-4
Fault
487
[§] 13-5
Defenses
491
[§] 13-6
Damages
499
ch. 14
Privacy
502
[§] 14-1
In General
502
[§] 14-2
Appropriation
503
[§] 14-3
Unreasonable Intrusion
506
[§] 14-4
Public Disclosure of Private Facts
507
[§] 14-5
False Light in the Public Eye
509
ch. 15
Misrepresentation and Nondisclosure
512
[§] 15-1
Remedies for Misrepresentation
512
[§] 15-2
Basis of Liability
517
[§] 15-3
Scope of Liability
525
[§] 15-4
Representation and Nondisclosure
531
[§] 15-5
Reliance
534
[§] 15-6
Opinion, Prediction, and Intention
537
[§] 15-7
Damages for Misrepresentation
543
Index
547