Comparative Negligence, Fifth Edition

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ISBN: 9781422479063
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5th Edition
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ISBN: 9781579112653
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Comparative Negligence, Fifth Edition fully discusses a doctrine that has been a major force of change in tort law over the past 20 years. Since its initial publication in 1974, it has become the leading reference covering the interaction of comparative negligence with every relevant tort doctrine.

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Table of Contents

Chapter 1 The History of Comparative Negligence

Chapter 2 The Impact of Comparative Negligence

Chapter 3 The Systems of Comparative Negligence in the United States

Chapter 4 Causation

Chapter 5 Intentional, Reckless, and Grossly Negligent Conduct

Chapter 6 Violation of Criminal Safety Statutes

Chapter 7 Last Clear Chance

Chapter 8 Retroactive Change to Comparative Negligence

Chapter 9 Assumption of Risk

Chapter 10 Actions Based on Nuisance

Chapter 11 Strict Liability and Comparative Fault

Chapter 12 Wrongful Death and Survival Statutes

Chapter 13 Standard of Conduct Modified for Party's Capacity

Chapter 14 Choice of Law and Comparative Negligence

Chapter 15 Multiple Tortfeasors I: Defendant Problems

Chapter 16 Multiple Tortfeasors II: Distributing Loss Among Defendants

Chapter 17 Fact Finding Under Comparative Negligence

Chapter 18 Judicial Control of the Finders of Fact

Chapter 19 Setoffs

Chapter 20 Punitive Damages

Chapter 21 Strategic Considerations for the Advocate

Chapter 22 The Best Means of Dealing with Plaintiff's Negligence

Appendix A. Summary Of Comparative Negligence Systems of General Application in American Jurisdictions

Appendix B. Text Of Comparative Negligence Statutes

Bibliography