Tort Law

Description

Prepare for a successful career as a paralegal with the key concepts and practical principles of tort law clearly presented in Edwards/Cull's TORT LAW, 7E. Interesting, updated content presents the latest legal developments while current cases demonstrate tort concepts applied in today's real world. Realistic situations in this edition are designed to help you further hone your legal understanding and skills. Internet references throughout the text also introduce the latest digital tools and guide you to reliable sources of legal information. This edition's proven learning features, such as "Tort Teasers," show you how to carefully consider variables in a case and potential resolutions. In addition, "Practice Pointers" and "Practical Ponderables" highlight skills such as drafting pleadings, preparing medical authorization requests, documenting damages, drafting jury instructions and assembling trial exhibits to equip you for a rewarding paralegal career. Cover Title page Copyright Brief Contents Contents Preface List of Cases About the Authors Part I: Introduction Chapter 1: Overview of Tort Law Chapter Objectives Background What Is a Tort? Reasonableness of Conduct Public Policy Morality of Conduct Slippery-Slope Arguments Creation of Case Law Relationship between Tort Law and Other Areas of the Law Brief History of Tort Law Contents Case: Schultz and Another v. Frank Coming Full Circle Classification of Torts Summary Key Terms Review Questions Practice Exam Tort Teasers Internet Inquiries Practical Ponderables Chapter 2: Overview of a Tort Case Chapter Objectives Initiating a Complaint Defendant’s Response Discovery Pretrial Procedures Trial Post-Trial Emphasis on Discovery throughout this Text Summary Key Terms Review Questions Practice Exam Tort Teasers Internet Inquiries Chapter 3: Intentional Torts Chapter Objectives What Is an Intentional Tort? Intentional Torts against Persons Intentional Torts against Property Defenses Case: State v. Warren Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Part II: Reasons to Sue Chapter 4: Negligence: Duty Chapter Objectives Overview of Duty Possessors of Land Trespassers Trespassers as Rescuers Licensees Invitees Common Law Distinctions Today Outside the Possessor’s Property Landlord/Tenant Liability Case: Hemmings v. Pelham Wood Ltd Sellers of Land Duty to Protect or Aid Others Case: Seebold v. Prison Health Service, Inc Case: Linda Riss, Appellant, v. City of New York, Respondent Unborn Children Case: Castro v. Melchor Vicarious Liability Practice Pointers Summary Key Terms Review Questions Practice Problem Tort Teasers Practical Ponderables Internet Inquiries Chapter 5: Negligence: Breach of Duty Chapter Objectives What Is Reasonable Conduct? Learned Hand Formula Case: Opinion Restatement Position Reasonable-Person Standard—Objective versus Subjective What the Reasonable Person Is Expected to Know Defendants with Special Characteristics Children Emergencies Case: Cordas v. Peerless Transportation Co Custom Professions Negligence Per Se Case: Milbert v. Wells Township Haunted House Inc Automobile-Guest Statutes Res Ipsa Loquitur Application Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 6: Negligence: Causation Chapter Objectives Actual Cause Case: Mohr v. Grantham Proximate Cause Case: Palsgraf v. Long Island Rail Co Exceptions to the Cardozo Rule Intervening Causes Case: Patterson v. Thunder Pass, Inc Jury Question Application Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 7: Negligence: Damages Chapter Objectives Categories of Damages Illustration of Damages Shortened Life Expectancy Collateral-Source Rule Expenses of Litigation Damages for Physical Harm to Property Damages in Product Liability Cases Punitive Damages Case: Phillip Morris USA v. Williams Recovery for Loss of Consortium Assessment of Damages Wrongful-Death and Survival Actions Discounting Future Damages Structured Settlements Mitigation of Damages Mental Suffering Application Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 8: Negligence: Defenses Chapter Objectives Contributory Negligence Comparative Negligence Case: Children’s Wish Foundation Intern, Inc. v. Mayer Hoffman McCann, PC Case: Kaatz v. State Assumption of Risk Case: Pellham v. Let’s Go Tubing, Inc Immunities Statutes of Limitations and Statutes of Repose Application Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 9: Malpractice and Professional Negligence Chapter Objectives What Is Reasonable Care? How Negligence Can Occur Case: O’Neal v. St. John Hospital and Medical Center Specialists Informed Consent Battery versus Negligence Case: Cuc Thi Ngo v. Queen’s Medical Center Defenses to Professional Negligence Maintaining Adequate Records Underlying Causes of Professional Negligence Suits How to Prevent Professional Negligence Suits Medical Malpractice Crisis Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 10: Misrepresentation, Nuisance, and Other Torts Chapter Objectives Development of Misrepresentation and Its Relationship to Other Torts Intentional Misrepresentation Negligent Misrepresentation Innocent Misrepresentation Nuisance Interference with Business Relations Case: Ixchel Pharma LLC v. Biogen, Inc Misuse of Legal Process Summary Key Terms Review Questions Practice Exam Tort Teasers Internet Inquiries Practical Ponderables Chapter 11: Strict Liability Chapter Objectives Overview of Strict Liability Strict Liability for Harm Caused by Animals Case: Gruber v. YMCA of Greater Indianapolis Abnormally Dangerous Activities Case: City of Neodesha v. BP Corp. North America, Inc Product Liability Limitations on Strict Liability Summary Key Terms Review Questions Practice Exam Practice Pointers Witness Statements Photographs Tort Teasers Internet Inquiries Practical Ponderables Chapter 12: Product Liability Chapter Objectives Overview of Product Liability Theories of Recovery Types of Losses Types of Defects Defenses Preemption Class Actions Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 13: Defamation and Related Torts Chapter Objectives Libel versus Slander What Is a Defamatory Statement? Case: WFAA-TV v. McLemore Privileges Defamation on the Web Invasion of Privacy Case: Minnifield v. Ashcraft Injurious Falsehood Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Part III: Whom to Sue Chapter 14: Vicarious Liability Chapter Objectives Overview of Vicarious Liability Employer–Employee Relationship Employers–Independent Contractors Case: Lee v. Pulitzer Publishing Co Bailments Imputed Contributory Negligence Parental Liability Summary Key Terms Review Questions Practice Exam Practice Pointers Sample Interrogatories Tort Teasers Internet Inquiries Practical Ponderables Chapter 15: Joint Liability Chapter Objectives Joint and Several Liability Case: In Re Stutsman Satisfaction Contribution Case: Spence v. Julian Release Case: Reutzel v. Hunter Yes, Inc Indemnification Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Part IV: Torts in Practice Chapter 16: Tort Reform Chapter Objectives Goals of the Tort System Historical Roots of Tort Reform Focus of Today’s Reformers Is There Really a Problem Tort Reform in Practice Summary Review Questions Practice Exam Tort Teasers Internet Inquiries Practical Ponderables Chapter 17: Automobile Insurance Chapter Objectives Overview of Automobile Insurance Automobile Liability Coverage Medical Payment Coverage Comprehensive Coverage Collision Insurance Miscellaneous Coverage Uninsured Motorist Coverage Underinsured Motorist Coverage Arbitration Termination No-Fault Insurance Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 18: Bad Faith Chapter Objectives How Bad Faith Is Committed Historical Development of Bad Faith Concept Overview of Bad Faith First-Party versus Third-Party Claims Case: Nardelli v. Metropolitan Group Property and Cas. Ins. Co Case: Scottsdale Insurance Company v. Addison Insurance Co Declaratory Judgment Actions Uninsured and Underinsured Motorist Coverage Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Internet Inquiries Practical Ponderables Chapter 19: Workers’ Compensation Chapter Objectives What Is Workers’ Compensation? Historical Background The Statutory Framework Today’s Systems Filing a Workers’ Compensation Claim Current Issues in Workers’ Compensation Summary Key Terms Review Questions Practice Exam Practice Pointers Tort Teasers Practical Ponderables Appendix A: Suggested Responses to “Putting It into Practice” Exercises and Answers to Practice Exams Appendix B: Interviewing Appendix C: Overview of Insurance Glossary Index End sheet