Torts: Cases and Problems
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Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
Product description
To purchase a printed version of this title, please visit www.caplaw.com.
Torts: Cases and Problems is designed to be a book that is fun to teach and fun to read. The clear focus of the book is on the cases presented. There are problems throughout the book that invite discussion and analysis, but notes are minimal. Exciting recent and newsworthy cases have been added to many chapters rendering this book completely up-to-date on issues and developments that would be covered in any Torts course. The new cases include:
Chapter 2: Intentional Torts
• Zavala v. Walmart Stores, Inc.
• Yates v. John Marshall Law School
Chapter 3: Privileges
• Koffman v. Garnett
• CCH v. Philadelphia Phillies, Inc.
Chapter 4: Duty
• Chapa v. Traciers & Associates, Inc.
• Binns v. Westminster Memorial Park
Chapter 5: Negligence
• John B. v. Superior Court of Los Angeles County
Chapter 6: Cause in Fact
• Georgia Pacific Corp. v. Bostic
• Daubert v. Merrell Dow Pharmaceuticals, Inc.
Chapter 7: Proximate Cause
• Hamblin v. State
Chapter 8: Multiple Defendants: Joint and Several Liability
• Banks v. Elks Club Pride of Tennessee
• Richards v. Badger Mutual Ins. Co.
Chapter 9: The Liability of Landowners
• Wrinkle v. Norman
Chapter 10: Damages
• State Farm Mutual Automobile Ins. Co. v. Campbell
Chapter 11: The Wrongful Death and Survival Statutes
• Langan v. St. Vincent's Hospital of New York
Chapter 12: Strict Liability
• Dyer v. Maine Drilling and Blasting, Inc.
Chapter 13: Products Liability
• Powers v. Taser International, Inc.
• Freeman v. Hoffman-LaRoche, Inc.
• Mikolajczyk v. Ford Motor Company
Chapter 14: Defenses
• Patterson v. Sacramento City Unified School District
• Vinikoor v. Pedal Pennsylvania, Inc.
• Ford v. Polaris Industries, Inc.
Chapter 15: Toxic Torts
• Neal v. Dow Agrosciences LLC
• In re: Hanford Nuclear Reservation LitigationPhillips v. E.I. DuPont de Nemours & Co.
• Burlington Northern and Santa Fe Railway Company v. United States
Chapter 21: Tortious Interference with Contract
• Walnut Street Associates, Inc., v. Brokerage Concepts, Inc.
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Table of contents
Chapter 1. INTRODUCTION
Chapter 2. INTENTIONAL TORTS
A. INTENT IN GENERAL
B. BATTERY
C. ASSAULT
D. FALSE IMPRISONMENT
E. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
F. TRESPASS
G. CONVERSION
Chapter 3. PRIVILEGES
A. CONSENT AS A DEFENSE TO BATTERY
B. DEFENSES TO FALSE IMPRISONMENT
C. PRIVILEGES TO SUITS ALLEGING TRESPASS TO LAND AND CHATTELS
D. NECESSITY
Chapter 4. DUTY
A. THE OBLIGATION TO ASSIST OTHERS
B. PRIVITY: SUITS BY THIRD PARTIES
C. PROFESSIONALS
D. DUTY TO CONTROL OTHERS
E. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
F. INJURY TO UNBORN CHILDREN
Chapter 5. NEGLIGENCE
A. INTRODUCTION
B. THE CORE CONCEPT
C. THE STANDARD OF CARE
D. THE RELATIONSHIP BETWEEN JUDGE AND JURY
E. VIOLATION OF STATUTE
F. PROVING THE NEGLIGENCE CASE BEFORE THE JUDGE AND THE JURY
Chapter 6. CAUSE IN FACT
A. INTRODUCTION
B. CONCURRENT CAUSES
C. FAILURE TO IDENTIFY THE SPECIFIC ACTOR
D. DIFFICULTIES IN PROOF OF CAUSATION
Chapter 7. PROXIMATE CAUSE
A. THE BASIC THEORIES
B. INTERVENING CAUSES
C. ECONOMIC LOSS
D. DUTY VERSUS PROXIMATE CAUSE: GREEN'S THEORY
Chapter 8. MULTIPLE DEFENDANTS: JOINT AND SEVERAL LIABILITY
Chapter 9. THE LIABILITY OF LANDOWNERS
A. LIABILITY TO THOSE WHO ENTER ON THE LAND
B. ADDITIONAL CATEGORIES OF PLAINTIFFS
C. DEFENSES AND PLAINTIFF'S CONDUCT
D. THE TAXONOMY OF PLAINTIFFS: THE MODERN APPROACH
Chapter 10. DAMAGES
A. PUNITIVE DAMAGES
B. PECUNIARY AND NONECONOMIC DAMAGES
Chapter 11. THE WRONGFUL DEATH AND SURVIVAL STATUTES
Chapter 12. STRICT LIABILITY
Chapter 13. PRODUCTS LIABILITY
A. FOOD AND DRINK
B. CONTRACT AND TORT IN STRICT PRODUCTS LIABILITY
C. STRICT PRODUCTS LIABILITY IN TORT
Chapter 14. DEFENSES
A. COMPARATIVE AND CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK IN CASES WHERE THE BASIS OF LIABILITY IS NEGLIGENCE
B. COMPARATIVE AND CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK IN CASES WHERE THE BASIS OF LIABILITY IS STRICT LIABILITY
C. COMPARATIVE AND CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK IN CASES WHERE THE BASIS OF LIABILITY IS STRICT PRODUCTS LIABILITY
D. IMMUNITIES AND DEFENSES BASED UPON THE STATUS OF THE DEFENDANT
E. STATUTES OF LIMITATION AND REPOSE
Chapter 15. TOXIC TORTS
A. INTRODUCTION
B. CAUSE IN FACT
C. CAUSE OF ACTION
D. GOVERNMENT REGULATION
E. THE NATURE OF INJURY
F. JOINT LIABILITY
G. EXPERT TESTIMONY
Chapter 16. DEFAMATION
A. WHAT CONSTITUTES A DEFAMATORY STATEMENT?
B. THE DEFAMATORY STATEMENT MUST BE UNDERSTOOD TO HAVE BEEN MADE "OF AND CONCERNING" THE PLAINTIFF
C. DEFENSES TO DEFAMATION
D. CONSTITUTIONAL ISSUES
Chapter 17. PRIVACY
A. INTRUSION
B. PUBLIC DISCLOSURE OF PRIVATE FACTS
C. CONSTITUTIONAL PRIVILEGE
D. FALSE LIGHT
E. APPROPRIATION
Chapter 18. MISREPRESENTATION
Chapter 19. NUISANCE
Chapter 20. ABUSE OF PROCESS AND MALICIOUS PROSECUTION
Chapter 21. TORTIOUS INTERFERENCE WITH CONTRACT
A. TORTIOUS INTERFERENCE WITH EXISTING CONTRACT
B. TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS
C. A BRIEF NOTE ON TORTIOUS BREACH OF CONTRACT
Chapter 22. VICARIOUS LIABILITY
Chapter 23. CIVIL RIGHTS TORTS