Acing Tort Law

Acknowledgments
Introduction
Chapter 1. Overview
	How to Approach a Torts Problem
	Policies Underlying Tort Law
	A Few Words About Law and Economics
	Relationship Between Torts and Other Areas of the Law
		Checklist for Overview
Chapter 2. Intentional Torts:
	General Approach
	Analyzing Intent
	Elements of Individual Intentional Torts
	Defenses to Intentional Torts
	A Few Words About Remedies
	A Few Words About Nuisance
		Problems
		Suggested Answers
			Checklist for Intentional Torts
Chapter 3. Negligence: Duty of Care
	General Approach
	General Duty of Reasonable Care
	Special Duty Issues
		Nonfeasance or Omission
		Special Relationships
		Public Policy
		Emotional Harm
		Economic Harm
			Problems
			Suggested Answers
Chapter 4. Negligence: Breach Through Unreasonable Conduct
	General Approach
	Judge Versus Jury
	What to Consider in Determining Reasonableness
		Custom
		The Hand Formula (BpL Analysis)
		Statutes and Negligence Per Se
		Res Ipsa Loquitur (RIL)
		Special Categories of Reasonable People
			Problems
			Suggested Answers
Chapter 5. Negligence: Factual and Legal Causation
	General Approach
	Factual Causation
		Single Cause: But for Test
		Multiple Causes: Substantial Factor Test
		Factual Causation and the Problem of Uncertainty
	Legal Causation
		Directness Test
		Foreseeability Test
		Legal Policy: Perspectives on Palsgraf
			Problems
			Suggested Answers
Chapter 6. Negligence: Recoverable Damages
	General Approach
	Survival and Wrongful Death Actions
	Types of Recoverable Damages
		Problems
		Suggested Answers
			Checklist for Negligence: Recoverable Damages
Chapter 7. Strict Liability
	General Approach
	Animals
	Abnormally Dangerous Activities
	Products Liability
		Problems
		Suggested Answers
			Checklist for Strict Liability
Chapter 8. Tort Remedies
	General Approach
	Injunctions
	Damages
		Compensatory Damages
		Punitive Damages
			Problems
			Suggested Answers
Chapter 9. Defenses to Negligence and Strict Liability Claims
	General Approach
	Defenses Based on the Plaintiff’s Conduct
		Assumption of Risk
		Contributory Negligence and Last Clear Chance
		Comparative Negligence
	Defenses Based on the Defendant’s Status
		Charitable Immunity
		Intrafamily Immunity
		Sovereign Immunity
			Problems
			Suggested Answers
Chapter 10. Multiple Defendants
	General Approach
	Joint and Several Liability
	Vicarious Liability
	Special Issues Under Comparative Negligence
		Settlements
		Imputed Contributory Negligence
		Mixture of Intentional Torts and Negligence
			Problems
			Suggested Answers
Chapter 11. Products Liability
	General Approach
	Negligence
	Strict Liability
		What Is a Defect?
	Misrepresentation
	Special Defenses in Products Liability Claims
		Not a Product
		State of the Art
		Conduct of the Plaintiff
		Preemption
	Restatement (Third) of Torts: Products Liability
		Problems
		Suggested Answers
			Checklist for Products Liability
Chapter 12. Reputation-Based Torts
	General Approach
	Defamation
		Plaintiff’s Case for Defamation
		Defenses to Defamation
	Privacy
		False Light
		Public Disclosure of Private Facts
		Intrusion
		Right of Publicity
			Problems
			Checklist for Reputation-Based Torts
Chapter 13. Business Torts
	General Approach
	Misrepresentation
	Injurious Falsehood
	Intentional Interference with Contracts
	Intentional Interference with Economic Relations
	Misappropriation
		Problems
		Checklist for Business Torts
Chapter 14. Torts Arising from the Legal Process
	General Approach
	Malicious Institution of Civil Proceedings
	Malicious Prosecution
	Abuse of Process
		Problems
		Suggested Answers
			Checklist for Torts Arising from the Legal Process
Appendix A. Exam Pointers
Appendix B. Example of a Comprehensive Exam
Appendix C. Exam Checklists