California Torts

The most in-depth and sweeping treatment of California tortlaw

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ISBN: 9780820511160
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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