The law of torts

The law of torts volume 4 contents: Ch. XIX - Proof of the breach of duty in negligence cases. §19.1: Introductory. §19.2: Direct evidence. §19.3: Circumstantial evidence. §19.4: Sufficiency of circumstantial evidence. §19.5: Res ipsa loquitur: theory of the evidence. §19.6: Requirement that accident would not ordinarily occur without negligence. §19.6A: Whether expert testimony is required in medical malpractice cases. §19.7: Requirement that defendant had exclusive control of injuring agency. §19.8: Requirement that accident would have happened without any act by plaintiff. §19.9: Evidence need not be more accessible to defendant than to plaintiff. §19.10: Effect of specific pleading or proof. §19.11: Procedural effect of res ipsa loquitur. §19.12: Defendant's proof. Ch. XX - Legal cause. §20.1: Introductory. §20.2: Causal relation or cause in fact. §20.3: Multiple causes in fact. Topic B. Proximate Cause. §20.4: In general. §20.5: The test of foreseeability. §20.6: Other proposed tests. Ch. XXI - Assumption of risk. §21.0: Introductory. §21.1: Assumption of risk in the primary sense: relevant relationships. §21.2: Comprehension of the risk. §21.3: The voluntary character of assumption of risk. §21.4: Master and servant. §21.5: Other situations. §21.6: Express assumption of risk. §21.7: Procedural aspects. §21.8: Appraisal. Ch. XXII - Contributory and comparative negligence. Topic A. History and policy. §22.1: General rule - its history and explanations. §22.2: Modern justifications in doctrine or policy. §22.3: Appraisal of contributory negligence. Topic B. Limitations on application of doctrine of contributory negligence. §22.4: The retreat of contributory negligence. §22.5: Intentional wrongs. §22.6: Willful, wanton, or reckless misconduct. §22.7: Abnormally dangerous activities and other strict liability. §22.8: Nuisance. §22.9: Violation of statute. Topic C. Miscellaneous inroads. §22.10: The double standard: contributory negligence and negligence compared. §22.11: Some ameliorating rules of substance and procedure: burden of proof. Topic D. Last clear chance. §22.12: Origin and theory. §22.13: Applications of the doctrine. §22.14: Appraisal of last clear chance. Topic E. Special problems in comparative negligence. §22.15: Problems of form and coverage. §22.16: Problems of comparisons. §22.17: Other problems with multiple claimants and defendants. §22.18: The option of judicial change. Ch. XXIII - Imputed contributory negligence. §23.1: Introductory. §23.2: Driver and passenger. §23.3: Parent and minor child. §23.4: Husband and wife. §23.5: Bailor and bailee. §23.6: The both-ways test. §23.7: No imputation where suit is between members of relationship. §23.8: Actions to redress relative rights and for wrongful death. Ch. XXIV - Wrongful death and survival. Topic A. Bases of liability. §24.1: Historical background and its significance. §24.2: The statutory patterns. §23.3: Basis of liability in the defendant's conduct. Topic B. Defenses. §24.4: Contributory negligence and assumption of risk. §24.5: Personal immunities of the defendant from suit by the decreased. §26.6: Former recovery, release by deceased. §24.7: Statutes of limitations. Ch. XXV - Damages in accident cases. Topic A. General considerations. §25.1: The principle of compensation. §25.2: The principle of single recovery. §25.3: The rule of certainty. §25.4: Avoidable consequences; mitigation; benefits. §25.5: General and special damages. §25.5A: Punitive damages. Topic B. Property damage. §25.6: Depreciation in value. §25.7: Loss of use and other expenses. Topic C. Personal injuries. §25.8: Loss of earnings or earning capacity. §25.9: Medical and other expenses. §25.10: Pain, suffering, mental distress. §25.10A: Loss of ability to enjoy life. §25.11: Effect of inflation. §25.12: Income tax exemption. Topic D. Wrongful death and survival. §25.13: Statutory basis. §25.14: Wrongful death acts measuring recovery by loss to survivors. §25.15: Wrongful death acts measuring recovery by loss to the estate. §25.16: Survival statutes that supplement death acts. §25.17: Survival statutes that stand alone. §25.18: Statutes providing recovery by way of a penalty. Topic E. Limitations on liability for economic loss caused by negligence. §25.18A: General limitation: background considerations. §25.18B: Pragmatic objection to recovery for economic loss. §25.18C: Appraisal of the pragmatic objection. §25.18D: Limits of the pragmatic objection. Topic F. Effect of social insurance on tort damages. §25.19: Introductory: the problem and possible solutions. §25.20: Abolition of one of the remedies. §25.21: Election of remedies. §25.22: Letting the claimant cumulate remedies: the "collateral source" rule. §25.23: Question of subrogation where the claimant may not cumulate his remedies. Includes summary of contents.