The forms and functions of tort law : an analytical primer on cases and concepts
Kenneth S. Abraham
Abstract
Kenneth S. Abraham
Abstract
Nature and Functions of Tort Law; Procedure in a Tort Suit; Intentional Harms; Defenses; The Negligence Standard; Reasonable Person Standard; Negligence Calculus; Malpractice; Violation of Statutes; Negligence as a Matter of Law; Proof of Negligence; Res Ipsa Loquitur; Cause in Fact; Conventional Tests: But-For and Substantial Factor; Proximate Cause; Basics; Advanced Issues; Judge, Jury and the Underlying Purpose of Proximate Cause; Defenses Based on Plaintiff's Conduct; Strict Liability and Nuisance; Vicarious Liability; Products Liability; Damages; Collateral Sources; Limited Duty; Pure Economic Loss; Tort Reform, Workers Compensation and No-Fault Systems; Reputational and Dignitary Harms: Defamation and Invasion of Privacy; Economic Harms: Misrepresentation and Interference with Actual or Prospective Contractual Advantage.
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Nature and Functions of Tort Law; Procedure in a Tort Suit; Intentional Harms; Defenses; The Negligence Standard; Reasonable Person Standard; Negligence Calculus; Malpractice; Violation of Statutes; Negligence as a Matter of Law; Proof of Negligence; Res Ipsa Loquitur; Cause in Fact; Conventional Tests: But-For and Substantial Factor; Proximate Cause; Basics; Advanced Issues; Judge, Jury and the Underlying Purpose of Proximate Cause; Defenses Based on Plaintiff's Conduct; Strict Liability and Nuisance; Vicarious Liability; Products Liability; Damages; Collateral Sources; Limited Duty; Pure Economic Loss; Tort Reform, Workers Compensation and No-Fault Systems; Reputational and Dignitary Harms: Defamation and Invasion of Privacy; Economic Harms: Misrepresentation and Interference with Actual or Prospective Contractual Advantage.
Key concepts: Res ipsa loquitur, Tort, Vicarious liability, Contributory negligence, Misrepresentation, Proximate and ultimate causation, Damages, Law