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.

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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