Torts: Cases and Problems, Third Edition (2012)

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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.

A Teacher’s Manual is available to professors.

Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

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