All About Torts

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Author: Constantinos E. Scaros
Published: October 1999
Publisher: Pearson Education
ISBN: 0130811610
Hardcover Book
Number of Pages: 294

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All About Torts

Providing a sound introduction to law and the American legal system, this well-written and easy-to-follow guide to understanding torts shows readers the critical role this branch of law plays and how it affects people from all walks of life. Begins with an introduction to laws, followed by an introduction to torts, then offer full chapter coverage on torts to the person, property, and reputation; malpractice; torts to other civil rights; defenses, remedies and damages involving the torts learned; and careers in torts for attorneys and paralegals. Discusses general—not state-specific—tort laws, and shows that the basic concepts of tort law are rooted in a particular set of ideas which do not change with each new legislative session. Integrates many examples throughout to clarify material, add perspective, and deepen understanding. For legal assistants, court reporters, personal injury lawyers, entertainment lawyers, or anyone who wants a fundamental understanding of torts.

Table of Contents
Preface vii
Introduction ix
1 Introduction to Law 1
The United States Constitution 1
The Two-Tier System of Government 2
Supremacy Clause 2
Three-Branch System of Government 2
Checks and Balances 4
The Role of Law in Our Society 4
Sources of the Law 6
Substantive Law and Procedural Law 8
Civil and Criminal Law 8
Civil Law-Contracts and Torts 10
Review Questions 11
A Tort Tale 11
2 Introduction to Torts: Intent, Negligence, and Liability Without Fault 13
A Tort Is Not a Crime 14
Types of Torts 15
Intentional Torts 15
Negligence 16
Negligence per Se 21
Liability Without Fault 23
Review Questions 27
A Tort Tale 27
3 Torts Against the Person: Intentional, Negligent, And Without Fault 29
Assault 29
Battery 32
Assault and Battery Review 33
Transferred Intent 34
False Imprisonment 35
Infliction of Emotional Distress 37
Other Negligent Torts against the Person 40
Torts against the Person When There Is Liability Without Fault 41
Defenses 43
Review Questions 43
A Tort Tale 43
4 Torts Against Property: Intentional, Negligent, and Without Fault 57
Torts against Personal Property 57
Commercial Property Interests 59
Torts against Real Property 60
Negligent Torts against Real Property 61
Nuisance 65
Review Questions 67
A Tort Tale 68
5 Torts Against Reputation: Intentional, Negligent, and Without Fault 87
Intentional versus Negligent Defamation 89
Public Figures and Malice 90
Libel versus Slander 91
Liability Without Fault 94
Other Torts Involving False Statements 95
Review Questions 96
A Tort Tale 96
6 Malpractice: Intentional Negligent, and Without Fault 115
Reasonable Care, Not Perfect Care 115
Informed Consent 117
Competence 120
Other Types of Professional Malpractice 121
Liability Without Fault 122
Malpractice Claims 123
Review Questions 123
A Tort Tale 123
7 Torts Against Other Civil Rights: Intentional, Negligent, and Without Fault 149
Invasion of Privacy 149
Negligent Invasion of Privacy 153
Liability Without Fault for Invasion of Privacy 153
Malicious Prosecution 154
Tortious Interference with Contract 156
Nonintentional Liability for Malicious Prosecution and Tortious Interference with Contract 157
Review Questions 158
A Tort Tale 158
8 Defenses, Remedies, and Damages 171
Defenses 171
Damages 181
Review Questions 183
A Tort Tale 184
9 Careers In Tort Law 207
Negligence and Personal Injury 207
Hospitals 208
The Media 209
Quality of Work Life 209
Earnings 209
Justice 210
Conclusion 210
Review Questions 211
A Tort Tale 211
Appendix U.S. Constitution 271
Index 291

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