The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and Under Modern Statutes for Actionable Wrongs to Person and Property

The Law of Torts: A Concise Treatise on the Civil Liability at Common Law and Under Modern Statutes for Actionable Wrongs to Person and Property
By Francis M. Burdick

2000/04 - Beard Books
1587980002 - Paperback - Reprint - 584 pp.
US$34.95

A concise treatment of the law of torts, including its history, principles, and main classes of torts.

Publisher Comments

Category: Litigation

This title is part of the Treatises list.

Of Interest:

The Theory and Principles of Tort Law

Remedies for Torts

This comprehensive volume presents a sketch of the history of tort development in the law, the general principles determining tort liability, tort remedies, and the manner in which tort liabilities may be discharged. Then the most important classes of torts are discussed, presented in the order by those principally directed against the person of the victim, those aimed at his property, and finally the invasions of both personal and property rights.

No book review available

Francis M. Burdick was the Dwight Professor of Law at the Columbia University School of Law. He was the author of The Law of Sales and The Law of Partnership along with other books.

Introductory Chapter
The Antiquity of Torts:--The Recency of Text Books on Torts	1
Beginning of Modern Theory of Torts	2
Indefiniteness of the Term	3
Non-Contract Law	3
Thou Shalt Do No Hurt to Thy Neighbor	3
Other Attempts at Simplification	4
Tort may be Negative.--Innkeeper	4
Tort may Violate Right in Personam	6
Right of guest against Innkeeper	6
Right of Shipper	7
Agent as Tort Feasor	8
Torts Springing out of Contract	9
Chapter II. - Nature of a Tort
Its Chief Characteristics	11
Tort is distinguishable from crime	12
Merger of Tort in Felony: In England	12
Same in America	13
The distinction between a tort and a breach of contract	14
Plaintiff's Option to sue in Contract or Tort	16
Advantage of Suing in Tort	17
Disadvantage of Suing in Tort	19
Extending the Area of Tort	21
Plaintiff Must Show Breach of Legal Duty	22
False Statements Causing Damage	23
Waiving Tort and Suing in Contract	24
Distinction between Quasi-Contract and True Contract	25
Quasi-Delict	27
Quasi-Tort	28
Chapter III. - Harm That Are Not Torts
1. Harm Must be Unlawful	29
2. Defamation by Legislators	30
3. Judicial Officers' Exemption	30
4. Harms Inflicted by Acts of State	37
Liability of Government Officials to Fellow Citizens	39
Acts of Military and Naval Officers	42
5. Harms Done Under the Police Power	42
6. Defense of Self and Property	51
7. Conflicting Rights	62
8. Assent of Plaintiff	74
9. Plaintiff a Wrongdoer	85
10. Remoteness of Damage. Proximate Cause	89
11. Mental Anguish; Wounded Feelings; Fright; Nervous Shock	94
Chapter IV - Parties to tort actions
1. Corporations	105
2. Members of the Family	117
3. Actions Involving the Relation of Master and Servant	130
4. Special Duties of Master Towards Servant	157
Chapter V - Remedies
1. Development of Remedies	188
2. Self-Help	189
3. Action for Damages is the Ordinary Tort Remedy	196
4. Local Actions for Tort	213
5. Conflict of Laws in Transitory Actions	214
6. Indemnity Between Wrongdoers	218
7. Contribution Between Wrongdoers	219
Chapter VI - Discharge of Torts
1. Two Species of Discharge	221
2. Discharge by Operation of Law	228
Chapter VII
1. Particular Torts	240
2. False Imprisonment	240
3. Malicious Prosecution	248
4. Malicious Abuse of Process	262
5. Wrongs Kindred to Malicious Prosecution	264
Chapter VII - Assault and Battery
1. What Constitutes this Tort	266
Chapter IX - Wrongful Disturbance of Family Relations
1. The Family Head and Family Rights	273
2. Abduction	279
3. Torts Against the Master	285
4. Conspiracy as a Tort	287
Chapter X - Defamation
1. Nature of the Tort	291
2. Libel and Slander	300
3. Slander	309
4. Defenses in Actions for Defamation	319
Chapter XI - Trespass to Property
Definition of Trespass	337
Trespass to Realty	337
Intention of Trespasser	338
Mitigation and Aggravation of Damages	339
The Right to Damages for Trespass to Land	339
Injuries Which are not Trespass	340
The Possession of Plaintiff	340
Trespass by Animals	341
Trespasses by Animals Driven Along Highways	343
Duty of Land-Owner to Trespassers	343
Trespass to Chattels	343
Intention to Inflict Harm is not material	344
Possession of Plaintiff	345
Excusable Trespasses	345
Trespass Ab Initio	346
Chapter XII - Trover and Conversion
The Fiction of Finding	347
Subject Matter of Trover	348
Against Whom the Tort May be Committed	348
How Conversion is Committed	349
Wrongful Asportation in the Exercise of Dominion	349
Intention to Convert	350
Conversion without Physical Taking	350
Goods Obtained By Fraud	351
Excluding the Rightful Owner, or Possessor	352
Nonfeasance, or Neligent Omission	352
Sale of Property, as a Conversion	353
Purchaser is also Liable for Conversion	354
Wrongful Use of Property as a Conversion	355
Conversion of Principal's Property by Agent	356
Asportation or Detention by a Mere Custodier	357
Conversion by a Finder	358
Conversion by Unlawful Detention	360
Unconditional Refusal	360
Qualified Refusal	361
Conversion by a Tenant in Common	362
Conversion by Pledgee	363
Tender of Converted Goods by Defendant	363
Chapter XIII - Deceit and Kindred Torts
1. Deceit	365
2. Slander of Title	380
3. Unfair Competition	384
Chapter XIV - Nuisance
1. Private Nuisance	395
2. Public Nuisance	408
3. Parties to Nuisance Actions	409
4. Remedies for Nuisance	416
Chapter XV - Negligence
1. Nature of the Tort	420
2. Froving Negligence	425
3. Contributory Negligence	430
4. Imputed Negligence	442
5. Liability of Land Owner or Occupier; and of Others Engaged in Extra Hazardous Undertakings	445

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