Torts

Content: Cover Page
 Title Page
 Copyright Page
 Contents
 Note to Readers
 Chapter 1 Introduction
 1.1 What is a Tort? What is Tort Law?
 1.2 The Politics of Tort Law
 1.3 Can Tort Law Be Given a Meaningful General Description?
 1.4 Plan of the Book
 Chapter 2 A Brief History of Tort Law
 2.1 1250-1800: \'Tort\' Law Under the Writ System
 2.2 1800-1870: The Emergence of \"Torts\" as a Legal Category
 2.3 1870-1980: Modern Tort Law
 2.3.1 Accidents, Negligence, and Products Liability
 2.3.2 Lowered Barriers to Suit, New Claimants, and Deeper Pockets
 2.3.3 Tort Law\'s Place in the Administrative State. 2.4 1980-Present: The Modern Tort Reform EraChapter 3 Tort Law\'s Gallery of Wrongs
 3.1 Wrongs and Recourse
 3.2 Touring the Gallery: Protected Interests
 3.3 Battery, Negligence, Defective Products, and Strict Liability for Abnormally Dangerous Activities (Bodily Integrity)
 3.4 Assault, False Imprisonment, Intentional Infliction of Emotional Distress, and Workplace Harassment (Personal Space)
 3.5 Trespass, Nuisance, and Conversion (Possessory Interests)
 3.6 Fraud and Tortious Interference (Freedom of Choice and Contract). 3.7 Defamation and Privacy Torts (One\'s Standing in the Eyes of Others)3.8 Conclusion
 Chapter 4 Civil Recourse
 4.1 Recourse: The Trial-Centered Account
 4.2 Recourse Today: Settlement, Insurance, Vicarious Liability, Remote Actor Liability, and Aggregate Litigation
 4.3 Why Have a Law of Wrongs and Recourse?
 Chapter 5 Negligence: The Basics
 5.1 One Tort, Many Iterations
 5.2 The Injury Element
 5.3 The Duty Element
 5.4 The Breach Element
 5.4.1 The Objectivity of the Standard of Care
 5.4.2 Ordinary Care, the Reasonably Prudent Person, and Levels of Care. 5.4.3 Fault-Based Liability Contrasted to Strict Liability5.4.4 The Openness of the Standard of Care
 5.5 The Cause Element: Actual Cause
 5.6 Aligning the Elements: Proximate Cause and the Relationality of Breach
 5.6.1 The Relationality of Breach of Duty
 5.6.2 Proximate Cause
 5.7 A Word on Defenses
 Chapter 6 Negligence: Advanced Topics
 6.1 Limited-Duty Rules
 6.1.1 Liability for Dangerous Conditions on Premises
 6.1.2 Affirmative Duties
 6.1.3 Pure Economic Loss
 6.1.4 Infliction of Emotional Distress
 6.2 Injury and Duty
 6.2.1 Loss of a Chance. 6.2.2 Risk of Future Injury and Medical Monitoring6.3 Custom, Cost-Benefit Analysis, and Ordinary Care
 6.3.1 Ordinary v. Customary Care
 6.3.2 Ordinary Care v. Cost-Efficient Precautions
 6.4 Presuming Breach
 6.4.1 Res Ipsa Loquitur
 6.4.2 Negligence Per Se and Regulatory Compliance
 6.5 Causation Conundrums
 6.5.1 Overdetermined Causes and Doomed Plaintiffs
 6.5.2 Tortfeasor Identification: Alternate and Market Share Liability
 6.6 Intervening Wrongdoing
 6.7 Immunities and Exemptions
 6.8 Assumption of Risk
 6.8.1 Express Assumption of Risk
 6.8.2 Implied Assumption of Risk.