California Torts

California Torts

California Torts provides in-depth coverage of virtually all recognized theories of tort liability under California law, including related defenses and immunities.  In addition to its substantial focus on California personal injury law, the treatise also covers professional liability and a variety of business tort causes of action, such as unfair competition, intentional or negligent interference with business or contractual relationships, unjust dismissal, and "bad faith" actions.  It contains detailed information to help attorneys prepare during every stage of case development, from pretrial to verdict to post trial. Click the chapter links below to learn more, and purchase by chapter.

Chapter 1: Negligence:  Duty and Breach

Negligence is the most basic concept of tort law and forms the basis for a wide variety of personal injury awards. This chapter discusses the first two elements necessary for a negligence action: duty and breach. The chapter provides an overview of the nature and development of negligence as well as its essential elements. Furthermore, the chapter discusses the standard or degree of care required to discharge an imposed duty.

Chapter 2: Causation

This chapter discusses the element of negligence known as causation. Additionally, the chapter discusses plaintiff's duty to prove defendant's negligence was the actual cause or cause-in-fact of plaintiff's harm. The chapter devotes much attention to the burden of proof regarding causation, which is generally borne by the plaintiff. Further, the chapter covers the doctrine of proximate or legal cause, which imposes legal limitations on a defendant's liability for the harm that he or she has actually caused.

Chapter 3: Proof of Negligence

This chapter discusses issues that often arise in connection with methods of proving negligence. The chapter begins by discussing general issues of proof that arise in any action, focusing on the aspects most relevant to negligence. Next, the chapter covers the burden of proof, the burden of persuasion, the burden of producing evidence, the effect of presumptions, the province of court and jury, and the methods by which counsel may prove facts.

Chapter 4: Comparative Negligence, Assumption of the Risk, and Related Defenses

This chapter discusses the system of comparative negligence that has emerged within California's tort law since 1975. The chapter also discusses the effect of comparative negligence principles on the defense of assumption of risk and causation issues. Moreover, the chapter examines situations in which fault other than negligence, such as strict products liability, intentional misconduct, and willfulness, wantonness, or recklessness, may be affected by comparative fault principles.

Chapter 50: Damages, Costs, Attorneys' Fees, and Interest

This chapter discusses general principles relating to recovery of damages, costs, attorneys' fees, and interest in California tort actions. Part A provides an overview of both compensatory and nominal damages including their classification, the applicable pleading requirements, and the actions in which they are allowed. Part B discusses the issue of costs to be awarded to the prevailing party. Part C discusses attorneys' fees, which are generally not recoverable absent statutory authority or contractual agreement.

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