Franklin, Rabin, and Green's Tort Law and Alternatives, Cases and Materials, 8th

Marc A. Franklin, Robert L Rabin, Michael Green

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ISBN-13: 9781599410357

Last Updated: 3/30/2006

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Description

Tort law remains a dynamic field, subject to constant refinement and rethinking. The eighth edition reflects the developments in recent case law, legislative activity, and commentary such as the ongoing Restatement of the Law Third–Torts, Liability for Physical Harm project. The principal focus of this book is the law of negligence, strict liability, and no-fault as alternative approaches to compensating the victims of accidental harm and creating optimal incentives to safety. This casebook covers all major aspects of tort law and also includes detailed discussions of liability, causation, defamation, privacy, damages, insurance, and tort alternatives.

Features

A mix of lead cases, designed to serve as the central focus of doctrinal discussion
Commentary on the basic framework of tort law reflected in the ongoing Third Restatement project
Continuing attention to the central doctrinal framework for redressing unintentional injury
Notes and questions sufficiently detailed to provide a framework for class discussion of the principal issues raised by the lead cases.
Still-evolving developments in products liability and apportionment of responsibility for tortious harm

More Information

Table of Contents (PDF) »

Table of Authorities (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Preface To The Eighth Edition
Acknowledgments
Table Of Cases
Chapter
1. Introduction To Tort Liability
  1. Prologue
  2. When Should Unintended Injury Result in Liability?
  3. The Litigation Process
  4. The Parties and Vicarious Liability
2. The Negligence Principle
  1. Historical Development of Fault Liability
  2. The Central Concept
    1. The Standard of Care
    2. The Reasonable Person
  3. The Roles of Judge and Jury
    1. In General
    2. The Role of Custom
    3. The Role of Statutes
  4. Proof of Negligence
  5. The Special Case of Medical Malpractice
3. The Duty Requirement: Physical Injuries
  1. Introduction
  2. Affirmative Obligations to Act
  3. Policy Bases for Invoking No Duty
  4. The Duties of Landowners and Occupiers
  5. Intrafamily Duties
  6. Governmental Entities
    1. Municipal and State Liability
    2. The Federal Tort Claims Act
4. The Duty Requirement: Nonphysical Harm
  1. Emotional Harm
  2. Economic Harm
  3. Wrongful Birth and Wrongful Life
5. Causation
  1. Cause in Fact
    1. Basic Doctrine
    2. Introduction to Joint and Several Liability
    3. Multiple Defendants
    4. The Special Case of Toxic Harms
  2. Proximate Cause
    1. Unexpected Harm
    2. Superseding Causes
    3. Unexpected Victim
6. Defenses
  1. The Plaintiff’s Fault
    1. Contributory Negligence
    2. Comparative Negligence
    3. Avoidable Consequences
  2. Assumption of Risk
    1. Express Agreements
    2. Implied Assumption of Risk
  3. Pre-emption
7. Strict Liability
  1. Doctrinal Development
  2. Theoretical Perspectives
8. Liability for Defective Products
  1. Introduction
  2. Manufacturing Defects
  3. Design Defects
  4. Safety Instructions and Warnings
  5. Defenses
  6. Work–Related Injuries
  7. Beyond Products?
  8. The Intersection of Tort and Contract
9. Trespass and Nuisance
  1. Trespass
  2. Nuisance
    1. Public Nuisance
    2. Private Nuisance
10. Damages and Insurance
  1. Damages
    1. Compensatory Damages
    2. Punitive Damages
  2. Introduction to Insurance
    1. Loss Insurance, Collateral Sources and Subrogation
    2. Liability Insurance
    3. The Impact of Insurance on Tort Litigation
11. A Survey of Alternatives
  1. Incremental Tort Reform
  2. Occupational Injuries—Workers’ Compensation
  3. Motor Vehicle Injuries
    1. The Past
    2. The New York Experience
  4. Focused No–Fault Schemes
  5. Comprehensive No–Fault And Beyond
12. Intentional Harm
  1. Basic Doctrine
    1. Intent
    2. Assault and Battery
    3. False Imprisonment
    4. Intentional Infliction of Emotional Distress
    5. Defenses and Privileges
  2. Government Liability
    1. The Federal Civil Rights Action
    2. Liability of Federal Officials
13. Defamation
  1. Common Law Background
    1. What Is Defamatory?
    2. "Of and Concerning" Plaintiff
    3. Strict Liability
    4. Damages: Libel and Slander
    5. Defenses
  2. Constitutional Limitations on Defamation
    1. Public Officials
    2. Public Figures
    3. The "Actual Malice" Standard
    4. Private Plaintiffs
    5. The Public–Private Distinction
    6. The Defendant as Commentator
    7. The Press as Repeater
    8. Reform Proposals
14. Protecting Privacy
  1. Public Disclosure Of Private Facts
    1. State Tort Analysis
    2. Constitutional Privilege
  2. False Light Privacy
  3. Intrusion
  4. Appropriation
15. Intentional Economic Harm
  1. Misrepresentation
    1. Introduction
    2. Deceit
  2. Interference With Contract
  3. Interference With Prospective Economic Advantage
  4. Contract And Tort In The Economic Sphere
Index