The Glannon Guide to Torts PDF
Preview The Glannon Guide to Torts
The Glannon Guide to Torts EDITORIAL ADVISORS Rachel E. Barkow Segal Family Professor of Regulatory Law and Policy Faculty Director, Center on the Administration of Criminal Law New York University School of Law Erwin Chemerinsky Dean and Professor of Law University of California, Berkeley School of Law Richard A. Epstein Laurence A. Tisch Professor of Law New York University School of Law Peter and Kirsten Bedford Senior Fellow The Hoover Institution Senior Lecturer in Law The University of Chicago Ronald J. Gilson Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stern Professor of Law and Business Columbia Law School James E. Krier Earl Warren DeLano Professor of Law The University of Michigan Law School Tracey L. Meares Walton Hale Hamilton Professor of Law Director, The Justice Collaboratory Yale Law School Richard K. Neumann, Jr. Alexander Bickel Professor of Law Maurice A. Deane School of Law at Hofstra University Robert H. Sitkoff John L. Gray Professor of Law Harvard Law School David Alan Sklansky Stanley Morrison Professor of Law Faculty Co- Director, Stanford Criminal Justice Center Stanford Law School The Glannon Guide to Torts Learning Torts Through Multiple- Choice Questions and Analysis Fourth Edition Richard L. Hasen Chancellor’s Professor of Law and Political Science University of California, Irvine Copyright © 2020 CCH Incorporated. Published by Wolters Kluwer in New York. Wolters Kluwer Legal & Regulatory Solutions U.S. serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.WKLegaledu.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.WKLegaledu.com, or a written request may be faxed to our permissions department at 212-771-0803. Cover image: iStock/com/rocketegg To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Wolters Kluwer Attn: Order Department PO Box 990 Frederick, MD 21705 eISBN: 978-1-5438-1988-5 Library of Congress Cataloging-in-Publication Data Names: Hasen, Richard L., author. Title: Glannon guide to torts : learning torts through multiple-choice questions and analysis / Richard l. Hasen, Chancellor’s Professor of Law and Political Science, University of California, Irvine. Description: Fourth edition. | New York : Wolters Kluwer, [2020] | Includes bibliographical references and index. Identifiers: LCCN 2020017008 | ISBN 9781543807745 (hardback) | ISBN 9781543819885 (epub) Subjects: LCSH: Torts — United States — Problems, exercises, etc. | LCGFT: Study guides. Classification: LCC KF1250.Z9 H375 2020 | DDC 346.7303076 — dc23 LC record available at https://lccn.loc.gov/2020017008 About Wolters Kluwer Legal & Regulatory Solutions U.S. Wolters Kluwer Legal & Regulatory Solutions U.S. delivers expert content and solutions in the areas of law, corporate compliance, health compliance, reimbursement, and legal education. Its practical solutions help customers successfully navigate the demands of a changing environment to drive their daily activities, enhance decision quality and inspire confident outcomes. Serving customers worldwide, its legal and regulatory solutions portfolio includes products under the Aspen Publishers, CCH Incorporated, Kluwer Law International, ftwilliam.com and MediRegs names. They are regarded as exceptional and trusted resources for general legal and practice-specific knowledge, compliance and risk management, dynamic work-flow solutions, and expert commentary. To the memory of my dad, who always put his family first, and to my mom, whose love and dedication know no bounds Table of Contents Acknowledgments 1. A Very Short Introduction 2. Torts Basics: The Prima Facie Case and Affirmative Defenses Part I. Intentional Torts 3. Physical Invasions: (Harmful) Battery, Purposeful Infliction of Bodily Harm, Trespass to Land, Trespass to Chattels, and Conversion 4. Emotional and Dignitary Torts: Assault, Offensive Battery, and False Imprisonment 5. Affirmative Defenses to Intentional Torts 6. Intentional Tort Frontiers: Intentional Infliction of Emotional Distress Part II. Negligence 7. Introduction to Negligence: Corrective Justice, Efficiency, and the Choice Between Strict Liability and Negligence 8. Breach: The Reasonable Person Standard 9. More Ways of Proving Breach: Custom, Negligence Per Se, and Res Ipsa Loquitur 10. Affirmative Defenses to Negligence: Contributory Negligence, Comparative Negligence, and Assumption of Risk 11. Basic Duty Rules: Foreseeable Plaintiffs, the Sports Cases, and Risk Creation 12. More Duty Rules: Special Relationships, Landowners, and Negligent Infliction of Emotional Distress Part III. Causation 13. Actual Cause: “But for” Causation, Its Complications, and Exceptions 14. Proximate Cause: Policy Limitations on the Scope of Liability Part IV. Strict Liability Torts 15. From Traditional Strict Liability to Strict Liability for Abnormally Dangerous Activities 16. Nuisance 17. Vicarious Liability Part V. Products Liability 18. The Prima Facie Case for Products Liability Torts 19. Products Liability Torts Defenses, Including Preemption Part VI. Damages 20. Compensatory Damages 21. Mitigation, Offsetting Benefits, and Collateral Sources 22. Joint and Several Liability 23. Punitive Damages and Their Constitutional Limitations 24. Closing Closers Table of Cases Table of Restatement Sections Cited Table of Books and Articles Cited Index
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