California Torts
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Product description
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The First Sweeping Treatment Of California Tort Law
Keep Abreast Of This Volatile Area Of Tort Law
This set covers the current state of tort law, as well as analysis of unsettled areas, including: negligence; effect of workers' compensation law; medical, legal and other professional malpractice; intentional torts; wrongful termination; discrimination and harassment; public entity liability and claims procedure; insurance claims; and more.
California Torts highlights the newly emerging areas of tort liability, such as potential liability for intentional or negligent interference with business or contractual relationships, unjust dismissal, and "bad faith" in a variety of commercial contexts. The most in-depth and sweeping treatment of California tort law provides detailed discussion of virtually all theories of tort liability and defenses. Regularly updated to keep you abreast of this volatile area, the set covers the current state of the law, as well as analysis of unsettled legal issues.
Topics covered include:
• Negligence
• Strict liability for injuries caused by animals and hazardous activities
• Vicarious liability, joint liability, and conspiracy
• Effect of workers' compensation law
• Premises liability, including landlord-tenant tort liability
• Nuisance and trespass
• Motor vehicle tort liability
• Medical, legal, and other professional malpractice
• Business torts, including fraud, negligent misrepresentation, wrongful termination of employment, discrimination and harassment, trade libel, slander of title, and related topics
• Intentional torts, including assault, battery, false imprisonment
• Malicious prosecution and abuse of process
• Defamation and invasion of privacy
• Wrongful death and loss of consortium
• Public entity liability and claims procedures
• Damages recoverable in tort actions
• Indemnity
• Settlement and release
• Procedural considerations, including statutes of limitations and discovery
• Insurance claims
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Table of contents
Division I GENERAL PRINCIPLES OF LIABILITY
Subdivision A Negligence
Chapter 1 Negligence: Duty and Breach
Chapter 2 Causation
Chapter 3 Proof of Negligence
Chapter 4 Comparative Negligence, Assumption of the Risk, and Related Defenses
Chapter 5 Negligent Infliction of Emotional Distress
Subdivision B Strict Liability
Chapter 6 Strict Liability for Injuries Caused by Animals
Chapter 7 Strict Liability For Hazardous Activities
Subdivision C Special Rules of Liability
Chapter 8 Vicarious Liability
Chapter 9 Civil Conspiracy, Concerted Action, and Related Theories of Joint Liability
Chapter 10 Effect of Workers' Compensation Law
Chapter 11 Conflicts of Law and Preemption
Chapters 12-14 [Reserved]
Division II TORTS RELATING TO REAL PROPERTY
Chapter 15 General Premises Liability
Chapter 16 Landlord-Tenant Tort Liabilities
Chapter 17 Nuisance and Trespass
Chapters 18-19 [Reserved]
Division III TRANSPORTATION
Chapter 20 Motor Vehicles
Chapter 21 Aviation Tort Law
Chapter 22 Recreational Vessels
Chapter 23 Carriers
Chapters 24-29 [Reserved]
Division IV LIABILITY FOR PROFESSIONAL SERVICES
Chapter 30 General Principles of Liability of Professionals
Chapter 31 Liability of Physicians and Other Medical Practitioners
Chapter 32 Liability of Attorneys
Chapters 33-39 [Reserved]
Division V INTENTIONAL TORTS AND OTHER THEORIES OF RECOVERY
Chapter 40 Fraud and Deceit and Other Business Torts
Chapter 40A Wrongful Termination
Chapter 40B Employment Discrimination and Harassment
Chapter 41 Assault and Battery
Chapter 42 False Imprisonment and False Arrest
Chapter 43 Malicious Prosecution and Abuse of Process
Chapter 44 Intentional Infliction of Emotional Distress
Chapter 45 Defamation
Chapter 46 Invasion of Privacy
Chapters 47-49 [Reserved]
Division VI DAMAGES
Chapter 50 Damages, Costs, Attorneys' Fees, and Interest
Chapter 51 Recovery for Pain and Suffering
Chapter 52 Recovery for Medical Expenses and Economic Loss
Chapter 53 Mitigation of Damages (Avoidable Consequences) and the Collateral Source Rule
Chapter 54 Punitive Damages
Chapter 55 Death and Survival Actions
Chapter 56 Loss of Consortium
Chapter 57 Taxation of Tort Damages
Chapter 58 Community Property Aspects of Tort Awards
Chapter 59 [Reserved]
Division VII TORT CLAIMS AGAINST PUBLIC ENTITIES AND EMPLOYEES
Chapter 60 General Principles of Liability and Immunity of Public Entities and Employees
Chapter 61 Particular Liabilities and Immunities of Public Entities and Public Employees
Chapter 62 Claims and Actions Against Public Entities and Employees
Chapters 63-69 [Reserved]
Division VIII PROCEDURE
Chapter 70 The Attorney-Client Relationship
Chapter 71 Commencement, Prosecution, and Dismissal of Tort Actions
Chapter 72 Discovery
Chapter 73 Settlement and Release
Chapter 74 Resolving Multiparty Tort Litigation
Chapter 75 Structured Settlements
Chapters 76-79 [Reserved]
Division IX INSURANCE CLAIMS
Chapter 80 Overview of Insurance Contracts
Chapter 81 Types of Insurance Policies
Chapter 82 Claims and Disputes Under Insurance Policies
Chapters 83-89 [Reserved]
Division X ALTERNATIVE DISPUTE RESOLUTION (ADR)
Chapter 90 Using Alternative Dispute Resolution
Chapter 91 Contractual Arbitration
Chapter 92 Judicial Arbitration
Chapter 93 Reference
Chapter 94 Mediation
Chapter 95 Practical Aspects of ADR: A "How To" Manual