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Torts: Cases and Problems, Third Edition (2012)

Torts: Cases and Problems, Third Edition (2012)

Frank J. Vandall, Professor of Law, Emory University School of Law; Ellen Wertheimer, Professor of Law, Villanova University School of Law; Mark C. Rahdert, Associate Dean for Academic Affairs & Professor of Law, Temple University, James E. Beasley School of Law


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    Torts: Cases and Problems is designed to be a book that is fun to teach and fun to read. The clear focus of the book is on the cases presented. There are problems throughout the book that invite discussion and analysis, but notes are minimal. Exciting recent and newsworthy cases have been added to many chapters rendering this book completely up-to-date on issues and developments that would be covered in any Torts course. The new cases include:

    Chapter 2: Intentional Torts
    • Zavala v. Walmart Stores, Inc.
    • Yates v. John Marshall Law School

    Chapter 3: Privileges
    • Koffman v. Garnett
    • CCH v. Philadelphia Phillies, Inc.

    Chapter 4: Duty
    • Chapa v. Traciers & Associates, Inc.
    • Binns v. Westminster Memorial Park

    Chapter 5: Negligence
    • John B. v. Superior Court of Los Angeles County

    Chapter 6: Cause in Fact
    • Georgia Pacific Corp. v. Bostic
    • Daubert v. Merrell Dow Pharmaceuticals, Inc.

    Chapter 7: Proximate Cause
    • Hamblin v. State

    Chapter 8: Multiple Defendants: Joint and Several Liability
    • Banks v. Elks Club Pride of Tennessee
    • Richards v. Badger Mutual Ins. Co.

    Chapter 9: The Liability of Landowners
    • Wrinkle v. Norman

    Chapter 10: Damages
    • State Farm Mutual Automobile Ins. Co. v. Campbell

    Chapter 11: The Wrongful Death and Survival Statutes
    • Langan v. St. Vincent's Hospital of New York

    Chapter 12: Strict Liability
    • Dyer v. Maine Drilling and Blasting, Inc.

    Chapter 13: Products Liability
    • Powers v. Taser International, Inc.
    • Freeman v. Hoffman-LaRoche, Inc.
    • Mikolajczyk v. Ford Motor Company

    Chapter 14: Defenses
    • Patterson v. Sacramento City Unified School District
    • Vinikoor v. Pedal Pennsylvania, Inc.
    • Ford v. Polaris Industries, Inc.

    Chapter 15: Toxic Torts
    • Neal v. Dow Agrosciences LLC
    • In re: Hanford Nuclear Reservation LitigationPhillips v. E.I. DuPont de Nemours & Co.
    • Burlington Northern and Santa Fe Railway Company v. United States

    Chapter 21: Tortious Interference with Contract
    • Walnut Street Associates, Inc., v. Brokerage Concepts, Inc.

    A Teacher's Manual is available to professors.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

    Chapter 1. INTRODUCTION

    Chapter 2. INTENTIONAL TORTS
    A. INTENT IN GENERAL
    B. BATTERY
    C. ASSAULT
    D. FALSE IMPRISONMENT
    E. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
    F. TRESPASS
    G. CONVERSION

    Chapter 3. PRIVILEGES
    A. CONSENT AS A DEFENSE TO BATTERY
    B. DEFENSES TO FALSE IMPRISONMENT
    C. PRIVILEGES TO SUITS ALLEGING TRESPASS TO LAND AND CHATTELS
    D. NECESSITY

    Chapter 4. DUTY
    A. THE OBLIGATION TO ASSIST OTHERS
    B. PRIVITY: SUITS BY THIRD PARTIES
    C. PROFESSIONALS
    D. DUTY TO CONTROL OTHERS
    E. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
    F. INJURY TO UNBORN CHILDREN

    Chapter 5. NEGLIGENCE
    A. INTRODUCTION
    B. THE CORE CONCEPT
    C. THE STANDARD OF CARE
    D. THE RELATIONSHIP BETWEEN JUDGE AND JURY
    E. VIOLATION OF STATUTE
    F. PROVING THE NEGLIGENCE CASE BEFORE THE JUDGE AND THE JURY

    Chapter 6. CAUSE IN FACT
    A. INTRODUCTION
    B. CONCURRENT CAUSES
    C. FAILURE TO IDENTIFY THE SPECIFIC ACTOR
    D. DIFFICULTIES IN PROOF OF CAUSATION

    Chapter 7. PROXIMATE CAUSE
    A. THE BASIC THEORIES
    B. INTERVENING CAUSES
    C. ECONOMIC LOSS
    D. DUTY VERSUS PROXIMATE CAUSE: GREEN'S THEORY

    Chapter 8. MULTIPLE DEFENDANTS: JOINT AND SEVERAL LIABILITY

    Chapter 9. THE LIABILITY OF LANDOWNERS
    A. LIABILITY TO THOSE WHO ENTER ON THE LAND
    B. ADDITIONAL CATEGORIES OF PLAINTIFFS
    C. DEFENSES AND PLAINTIFF'S CONDUCT
    D. THE TAXONOMY OF PLAINTIFFS: THE MODERN APPROACH

    Chapter 10. DAMAGES
    A. PUNITIVE DAMAGES
    B. PECUNIARY AND NONECONOMIC DAMAGES

    Chapter 11. THE WRONGFUL DEATH AND SURVIVAL STATUTES

    Chapter 12. STRICT LIABILITY

    Chapter 13. PRODUCTS LIABILITY
    A. FOOD AND DRINK
    B. CONTRACT AND TORT IN STRICT PRODUCTS LIABILITY
    C. STRICT PRODUCTS LIABILITY IN TORT

    Chapter 14. DEFENSES
    A. COMPARATIVE AND CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK IN CASES WHERE THE BASIS OF LIABILITY IS NEGLIGENCE
    B. COMPARATIVE AND CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK IN CASES WHERE THE BASIS OF LIABILITY IS STRICT LIABILITY
    C. COMPARATIVE AND CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK IN CASES WHERE THE BASIS OF LIABILITY IS STRICT PRODUCTS LIABILITY
    D. IMMUNITIES AND DEFENSES BASED UPON THE STATUS OF THE DEFENDANT
    E. STATUTES OF LIMITATION AND REPOSE

    Chapter 15. TOXIC TORTS
    A. INTRODUCTION
    B. CAUSE IN FACT
    C. CAUSE OF ACTION
    D. GOVERNMENT REGULATION
    E. THE NATURE OF INJURY
    F. JOINT LIABILITY
    G. EXPERT TESTIMONY

    Chapter 16. DEFAMATION
    A. WHAT CONSTITUTES A DEFAMATORY STATEMENT?
    B. THE DEFAMATORY STATEMENT MUST BE UNDERSTOOD TO HAVE BEEN MADE "OF AND CONCERNING" THE PLAINTIFF
    C. DEFENSES TO DEFAMATION
    D. CONSTITUTIONAL ISSUES

    Chapter 17. PRIVACY
    A. INTRUSION
    B. PUBLIC DISCLOSURE OF PRIVATE FACTS
    C. CONSTITUTIONAL PRIVILEGE
    D. FALSE LIGHT
    E. APPROPRIATION

    Chapter 18. MISREPRESENTATION

    Chapter 19. NUISANCE

    Chapter 20. ABUSE OF PROCESS AND MALICIOUS PROSECUTION

    Chapter 21. TORTIOUS INTERFERENCE WITH CONTRACT
    A. TORTIOUS INTERFERENCE WITH EXISTING CONTRACT
    B. TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS
    C. A BRIEF NOTE ON TORTIOUS BREACH OF CONTRACT

    Chapter 22. VICARIOUS LIABILITY

    Chapter 23. CIVIL RIGHTS TORTS

     

     

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