Part A:
Intentional Torts and Privileges
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CHAPTER
1:
Intentional Interferences with Persons or Property
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§ 1.01 Intent
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1.02 Battery
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1.03 Assault
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1.04 False Imprisonment
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1.05 Trespass to Chattel and Conversion
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§
1.06 Intentional Infliction of Mental Distress
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CHAPTER
2:
Privileges to Intentional Torts
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§
2.01 Consent
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2.02 Self-Defense
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2.03 Defense of Others
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2.04 Defense and Recovery of Property
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2.05 Necessity
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CHAPTER
3:
The Negligence Concept and the Reasonable Person Standard of Care
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§
3.01 Overview
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3.02 Historical Development
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3.03 Standard of Care
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3.04 The Reasonable Person
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3.05 The Child Standard of Care
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3.06 Degrees of Negligence
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CHAPTER
4:
The Determination of Unreasonableness: Breach of Duty, Custom and the Role of the Jury
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§
4.01 Overview
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4.02 The Risk Calculus
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4.03 The Role of Custom
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4.04 The Jury Role
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CHAPTER
5:
Proof of Breach
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§
5.01 Overview
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5.02 Kinds of Evidence
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5.03 Slip and Fall Cases and the Role of Constructive Notice
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5.04 Res Ipsa Loquitur
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CHAPTER
6:
Statutory Standards of Care - "Negligence Per Se"
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§
6.01 Overview
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6.02 Factors Used for Determining the Propriety of Adopting a Statute As the Standard of Care
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6.03 Effects of Non-Adoption and of Adoption of Statute
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6.04 The Role of Excuse
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6.05 Negligence Per Se and Children
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6.06 Compliance with Statute
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6.07 Criticisms of the Negligence Per Se Doctrine
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CHAPTER
7:
Professional Negligence
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§ 7.01 Overview
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§ 7.02 Medical Malpractice
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7.03 Informed Consent
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7.04 Attorney Malpractice
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CHAPTER
8:
Duty in Negligence Cases
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§
8.01 Overview
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8.02 Nonfeasance
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8.03 The Limits of the Misfeasance/Nonfeasance Distinction
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8.04 The Forseeable Plaintiff Requirement
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8.05 Conclusion
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CHAPTER
9:
Land Occupier Duty
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§ 9.01 Overview
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§ 9.02 The Common Law Status Approach
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§ 9.03 A Unitary Standard
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§ 9.04 Land Possessor Duty to Those Outside the Land
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§ 9.05 Landlord-Tenant Relations
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CHAPTER
10:
Duty Limited By Kind of Harm
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§ 10.01 Negligent Infliction of Emotional Distress
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§
10.02 Wrongful Conception, Wrongful Birth and Wrongful Life
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§ 10.03 Loss of Consortium, Wrongful Death, and Survival
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§ 10.04 Negligently Inflicted Economic Loss
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CHAPTER
11:
Cause-in-Fact
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§ 11.01 Overview
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§ 11.02 "But For" Analysis
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11.03 Substantial Factor Test
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§
11.04 Proof Problems in Cause-in-Fact
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CHAPTER
12:
Proximate or Legal Cause
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§ 12.01 Overview
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§ 12.02 The Problem Proximate Cause Addresses
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§ 12.03 Proximate Cause Tests
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§ 12.04 Policy Objectives Addressed By Proximate Cause
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CHAPTER
13:
Joint & Several Liability
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§ 13.01 Overview and Definition
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§ 13.02 Joint Tortfeasors
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§ 13.03 Special Problems After Comparative Fault
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CHAPTER
14:
Damages
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§ 14.01 Overview
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§ 14.02 Property Damages
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14.03 Personal Injury
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14.04 Mitigation or the Doctrine of Avoidable Consequences
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14.05 Punitive Damages
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14.06 Collateral Source Rule
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CHAPTER
15:
Defenses
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§ 15.01 Overview
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§ 15.02 Contributory Negligence
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§ 15.03 Comparative Negligence
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§ 15.04 Assumption of Risk
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§ 15.05 Immunities
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Part D:
Liability Without Fault and Product Liabilities
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CHAPTER
16:
Strict Liability
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§ 16.01 Overview
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§ 16.02 Strict Liability for Injuries Caused By Animals
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§ 16.03 Strict Liability for Abnormally Dangerous Activities
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CHAPTER
17:
Products Liability
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§ 17.01 What is Products Liability?
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§ 17.02 Negligence
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§ 17.03 Warranties
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§ 17.04 Strict Liability in Tort
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§ 17.05 The Duty to Warn
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§ 17.06 Strict Products Liability for Misrepresentation
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§ 17.07 The Restatement (Third) of Torts: Products Liability
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CHAPTER
18:
Nuisance and Trespass
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§ 18.01 Nuisance
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§ 18.02 Trespass
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CHAPTER
19:
Economic Torts
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§ 19.01 Fraudulent Misrepresentation
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§ 19.02 Intentional Interference with Contract and Intentional Interferance with Economic Expectation
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§ 19.03 Tortious Breach of the Covenant of Good Faith and Fair Dealing
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CHAPTER
20:
Misuse of Legal Processes
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§ 20.01 Overview
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§ 20.02 Malicious Prosecution and Malicious Institution of Civil Proceedings: Definition
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§ 20.03 Immunity of Public Officials
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§ 20.04 Interaction Between False Imprisonment and Malicious Prosecution and Malicious Institution of Civil Proceedings
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§ 20.05 Abuse of Process
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CHAPTER
21:
Defamation
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§ 21.01 Overview
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§ 21.02 Common Law Defamation
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§ 21.03 Constitutional Constraints
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CHAPTER
22:
Invasion of Privacy
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§ 22.01 Overview
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§ 22.02 Intrusion Upon Seclusion
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§ 22.03 Appropriation of Name or Picture and the Right of Publicity
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§ 22.04 False Light
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§ 22.05 Public Disclosure of Private Facts
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