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TOC TORTS

Page history last edited by abogado 10 years, 9 months ago

Part A:
Intentional Torts and Privileges

CHAPTER 1:
Intentional Interferences with Persons or Property

	§ 1.01 Intent
	§ 1.02 Battery
	§ 1.03 Assault
	§ 1.04 False Imprisonment
	§ 1.05 Trespass to Chattel and Conversion
	§ 1.06 Intentional Infliction of Mental Distress

CHAPTER 2:
Privileges to Intentional Torts

	§2.01 Consent
	§ 2.02 Self-Defense
	§ 2.03 Defense of Others
	§ 2.04 Defense and Recovery of Property
	§ 2.05 Necessity

Part B:
Negligence

CHAPTER 3:
The Negligence Concept and the Reasonable Person Standard of Care

	§ 3.01 Overview
	§ 3.02 Historical Development
	§ 3.03 Standard of Care
	§ 3.04 The Reasonable Person
	§ 3.05 The Child Standard of Care
	§ 3.06 Degrees of Negligence

CHAPTER 4:
The Determination of Unreasonableness: Breach of Duty, Custom and the Role of the Jury

	§ 4.01 Overview
	§ 4.02 The Risk Calculus
	§ 4.03 The Role of Custom
	§ 4.04 The Jury Role

CHAPTER 5:
Proof of Breach

	§ 5.01 Overview
	§ 5.02 Kinds of Evidence
	§ 5.03 Slip and Fall Cases and the Role of Constructive Notice
	§ 5.04 Res Ipsa Loquitur

CHAPTER 6:
Statutory Standards of Care - "Negligence Per Se"

	§ 6.01 Overview
	§ 6.02 Factors Used for Determining the Propriety of Adopting a Statute As the Standard of Care
	§ 6.03 Effects of Non-Adoption and of Adoption of Statute
	§ 6.04 The Role of Excuse
	§ 6.05 Negligence Per Se and Children
	§ 6.06 Compliance with Statute
	§ 6.07 Criticisms of the Negligence Per Se Doctrine

CHAPTER 7:
Professional Negligence

	§ 7.01 Overview
	§ 7.02 Medical Malpractice
	§ 7.03 Informed Consent
	§ 7.04 Attorney Malpractice

CHAPTER 8:
Duty in Negligence Cases

	§ 8.01 Overview
	§ 8.02 Nonfeasance
	§ 8.03 The Limits of the Misfeasance/Nonfeasance Distinction
	§ 8.04 The Forseeable Plaintiff Requirement
	§ 8.05 Conclusion

CHAPTER 9:
Land Occupier Duty

	§ 9.01 Overview
	§ 9.02 The Common Law Status Approach
	§ 9.03 A Unitary Standard
	§ 9.04 Land Possessor Duty to Those Outside the Land
	§ 9.05 Landlord-Tenant Relations

CHAPTER 10:
Duty Limited By Kind of Harm

	§ 10.01 Negligent Infliction of Emotional Distress
	§ 10.02 Wrongful Conception, Wrongful Birth and Wrongful Life
	§ 10.03 Loss of Consortium, Wrongful Death, and Survival
	§ 10.04 Negligently Inflicted Economic Loss

Part C:
General Concepts

CHAPTER 11:
Cause-in-Fact

	§ 11.01 Overview
	§ 11.02 "But For" Analysis
	§ 11.03 Substantial Factor Test
	§ 11.04 Proof Problems in Cause-in-Fact

CHAPTER 12:
Proximate or Legal Cause

	§ 12.01 Overview
	§ 12.02 The Problem Proximate Cause Addresses
	§ 12.03 Proximate Cause Tests
	§ 12.04 Policy Objectives Addressed By Proximate Cause

CHAPTER 13:
Joint & Several Liability

	§ 13.01 Overview and Definition
	§ 13.02 Joint Tortfeasors
	§ 13.03 Special Problems After Comparative Fault

CHAPTER 14:
Damages

	§ 14.01 Overview
	§ 14.02 Property Damages
	§ 14.03 Personal Injury
	§ 14.04 Mitigation or the Doctrine of Avoidable Consequences
	§ 14.05 Punitive Damages
	§ 14.06 Collateral Source Rule

CHAPTER 15:
Defenses

	§ 15.01 Overview
	§ 15.02 Contributory Negligence
	§ 15.03 Comparative Negligence
	§ 15.04 Assumption of Risk
	§ 15.05 Immunities

Part D:
Liability Without Fault and Product Liabilities

CHAPTER 16:
Strict Liability

	§ 16.01 Overview
	§ 16.02 Strict Liability for Injuries Caused By Animals
	§ 16.03 Strict Liability for Abnormally Dangerous Activities

CHAPTER 17:
Products Liability

	§ 17.01 What is Products Liability?
	§ 17.02 Negligence
	§ 17.03 Warranties
	§ 17.04 Strict Liability in Tort
	§ 17.05 The Duty to Warn
	§ 17.06 Strict Products Liability for Misrepresentation
	§ 17.07 The Restatement (Third) of Torts: Products Liability

Part E:
Other Torts

CHAPTER 18:
Nuisance and Trespass

	§ 18.01 Nuisance
	§ 18.02 Trespass

CHAPTER 19:
Economic Torts

	§ 19.01 Fraudulent Misrepresentation
	§ 19.02 Intentional Interference with Contract and Intentional Interferance with Economic Expectation
	§ 19.03 Tortious Breach of the Covenant of Good Faith and Fair Dealing

CHAPTER 20:
Misuse of Legal Processes

	§ 20.01 Overview
	§ 20.02 Malicious Prosecution and Malicious Institution of Civil Proceedings: Definition
	§ 20.03 Immunity of Public Officials
	§ 20.04 Interaction Between False Imprisonment and Malicious Prosecution and Malicious Institution of Civil Proceedings
	§ 20.05 Abuse of Process

CHAPTER 21:
Defamation

	§ 21.01 Overview
	§ 21.02 Common Law Defamation
	§ 21.03 Constitutional Constraints

CHAPTER 22:
Invasion of Privacy

	§ 22.01 Overview
	§ 22.02 Intrusion Upon Seclusion
	§ 22.03 Appropriation of Name or Picture and the Right of Publicity
	§ 22.04 False Light
	§ 22.05 Public Disclosure of Private Facts

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