Principles of tort law

Front Cover
Thomson/West, 2003 - Law - 474 pages
Clear and concise summary on the rules courts use to solve questions. To enhance understanding, this text explains the reasoning and policies underlying the rules. Professor Shapo selects colorful examples from an enormous variety of cases he has studied and relates the principles of law to understandable real-life situations.

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Contents

SECTION ONE Tort Law and Its Purposes
2
04A Tort Law as a System
9
Chapters 25 are reserved for supplementary
12
Policy Considerations
18
Chapter Seven Battery
19
02 The Legal Consequences of a Battery
27
Chapter Eight Intrusion
32
Methods of Intrusion
33
Chapter FortyFour Circumstantial Evidence Generally
244
Multiple Defendants
252
06 Medical Res IpsaContinued
256
Chapters 4647 are reserved for supplementary
259
02 Linkage With Circumstantial Evidence
263
Chapter FortyNine Proof Of Causation And Scientific Evi
265
05 Tort and Compensation Systems Compared
272
SECTION NINE Multiple Tortfeasors
276

Chapter Ten False Imprisonment
38
02 Lack of Consent and Privilege
39
Social Goals Behavioral Assumptions and Norma
45
is reserved for supplementary material
46
Chapter Thirteen Intentional Infliction of Emotional
47
03 Establishing Boundaries for a Developing Tort
55
Chapter Fourteen Frontier Theories
57
is reserved for supplementary material
61
Chapter Seventeen Consent
68
Chapter Nineteen Doctrine and Terminology of Negligence
77
Concepts and TerminologyCon
78
03 Guidelines for Deriving the Negligence Standard
84
Classifications
89
02 The Categories Disputed
94
Chapter TwentyOne Liability of Possessors of Land
97
H21 03A Comparative fault
103
Chapter TwentyTwo Statutory Violations
105
07 Evidence of Negligence
110
Chapter TwentyThree Medical Standard of Care
113
07 Competing Approaches to the Medical Standard
119
SECTION FOUR Defenses to Negligence Claims
121
Chapter TwentySeven Informed Consent
127
Behavioral Assumptions
133
Chapters 2829 are reserved for supplementary
136
02 Underlying Ideas and Competing Philosophies
144
04 Sports and Recreation
149
Chapter ThirtyOne Contributory Negligence
159
Chapter ThirtyTwo Classifying Defenses Based on Plain
165
Chapter ThirtyThree Comparative Fault
171
is reserved for supplementary material
178
Rationales
184
Chapter ThirtySix Private Nuisance
186
Chapter ThirtySeven Public Nuisance
198
SECTION SK Products Liability
204
03 Products as a Special Category
207
Chapter ThirtyNine Defect in Products Liability
216
05 Relation of Defect to Defenses and Warnings
225
Chapters 4041 are reserved for supplementary
228
Explanations and Rationales
232
PART THREE PROBLEMS IN CAUSATION
237
SECTION EIGHT Proof and Causation
238
02 Theories of Joint and Multiple LiabilityContinued
277
Chapter FiftyOne Apportionment Among Multiple Defen
283
04 Comparative Responsibility
289
Chapters 5253 are reserved for supplementary
291
Policies Associated With Credits for Settlements
298
SECTION TEN DUTY AND PROXIMATE CAUSE
301
Duty Justice and Judgment
308
Chapter FiftySix Statutory Violations And Cause
311
04 The Uses and Limits of Statutory Purpose
314
Chapter FiftySeven Intervening Criminal Acts
318
03 Caretakers of Potentially Violent Persons
322
is reserved for supplementary material
324
03 Mental Consequences of Distressing Events
328
Chapter SixtyOne Bystanders
333
02 The Limits
334
03 Governing PoliciesContinued
337
Chapter SixtyThree Rescuers
342
03 General Concepts and Terminology
343
Chapter SixtyFour Economic Loss
348
02 Concepts and Language
350
Chapter SixtyFive Duty to Act
358
PART FOUR THE TORT LIABILITY
365
04 Fact vs Opinion
371
Chapter SixtySeven Constitutional Defamation Law
377
Chapter SixtyEight Fact And Opinion
387
The Policies at Issue
393
Chapter SixtyNine Media And Privacy
395
03 The False Light Tort
399
is reserved for supplementary material
404
SECTION TWELVE Damages in Tort Law
406
04 Damages for Death
414
Chapter SeventyTwo Assessing Intangibles
419
03 Arguments About Justifications and Rationales
424
Chapter SeventyThree Punitive Damages
429
05 Statistics and Arguments About Effects in Litigation
436
PART SIX TORT LAW AND ITS NEIGHBORS
439
02 Interference With Contractual Relations
444
Table of Cases
449
Index
463
02 Section 402A 206
472
Copyright

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About the author (2003)

MARSHALL S. SHAPO is the Frederic P. Vose Professor of Law at Northwestern University School of Law. His scholarship over forty years has focused on how society deals with injuries through the legal system and on the interrelationship of science and law. He is the author of 25 books, including his magisterial 3,500-page treatise on products liability, The Law of Products Liability (4th Edition, 2006). His titles on law and society include Compensation for Victims of Terrorism (2005), Tort Law and Culture (2003), and A Nation of Guinea Pigs (1979). He was a Visiting Fellow at Oxford and Cambridge Universities and has lectured extensively in Europe and Asia. The American Bar Association bestowed the Robert B. McKay Law Professor Award on Professor Shapo in 2005. He has served as a consultant in liability and injury cases involving medical devices, rocket motors, anti-terror products, swimming pools, Pan Am 103, and sleeping bags.

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