Tort Law and Alternatives: Cases and Materials
Tort law remains a dynamic field, subject to constant refinement and rethinking. The new Eighth Edition reflects these evolving developments in recent case law and legislative activity, as well as commentary ranging from the ongoing Third Restatement of Torts (Physical Harm) project to the September 11th Victim Compensation Fund. The principal focus of this book is the law of negligence, strict liability, and no-fault as alternative approaches to compensating the victims of accidental harm and creating optimal incentives to safety. This leading casebook covers all major aspects of tort law with expertly edited cases, and original text. It also includes detailed discussions of liability, causation, defamation, privacy, damages, insurance, and tort alternatives.
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TABLE OF CASES
INTRODUCTION TO TORT LIABILITY
The Litigation Process
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accident adopted affirmed alleged apply argued assumption of risk automobile award benefits causation child claim collateral source rule common law comparative negligence compensation concluded conduct consider consumer consumer expectations test contract contributory negligence Corp costs court held Court of Appeals coverage danger decision defendant defendant's negligence determine dissent doctrine driver duty economic emotional distress employee evidence expected fact failure fault foreseeable hospital imposed involved issue jury Justice limited litigation loss malpractice manufacturer medical malpractice Motor Notes and Questions nuisance pain and suffering parents party patient permit personal injury physician plaintiff premises products liability protect proximate cause punitive damages reasonable recognized recover recovery rejected res ipsa loquitur responsibility Restatement result rule safety standard statute strict liability subrogation summary judgment supra Supreme Court theory tion tort law trespass trial court trial judge verdict vicarious liability victim warning warranty