Law Tort / Personal Injury

Tort Law in the USA

By Beau Baez III
Kluwer Law International July 2010

Specifications

ISBN-13
9789041132963
Publisher
Kluwer Law International
Publication
July 2010
Format
Paperback , 184 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the USA. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale.

Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the USA. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

 

Table of Contents

The Author List of Abbreviation General Introduction Selected Bibliography

Part I. Liability for One’s Own Acts
Chapter 1. General Principles
Chapter 2. Specific Cases of Liability
Chapter 3. Business Torts

Part II. Liability for Acts of Others
Chapter 1. Vicarious Liability
Chapter 2. Liability of Parents, Teachers and Instructors (for Children, Minors, and Students)
Chapter 3. Liability for Things and Animals

Part III. Forms of Strict Liability
Chapter 1. Road and Traffic Accidents
Chapter 2. Product Liability
Chapter 3. Liability for Service
Chapter 4. Environmental Liability
Chapter 5. Others

Part IV. Defenses and Exception Clauses
Chapter 1. Limitation of Action (Suspension and Interruption)
Chapter 2. Grounds of Justification for Intentional Torts
Chapter 3. Contributory Fault
Chapter 4. Exemptions

Part V. Causation Part VI. Remedies
Chapter 1. General Principles
Chapter 2. Kinds of Damages
Chapter 3. Assessment and Compensation of Damages
Chapter 4. Personal Injury and Death
Chapter 5. Various Damages (Property)

Chapter 6. Interference with Collateral Benefits
Chapter 7. Other Remedies

Index

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