5
Summary of California Law (10th), Torts
I. INTRODUCTION
A. Nature of Torts and Tort Actions.
1. [§1] Definitions
and Distinctions.
2. [§2] Act
as Tort and Breach of Contract.
3. [§3] Restatement
of Torts.
4. [§4] Texts,
Practice Works, and Commentary.
5. [§5] Classification
of Torts.
6. Legal Duty Toward Person Harmed.
(a)
[§6] General Principle.
(b)
Illustrations of No
Duty.
(1)
[§7] In General.
(2)
[§8] Schools.
(3)
[§9] Social Service Agencies.
(4)
[§10] Public Utilities.
(c)
Violation of Statute
or Constitutional Provision.
(1)
In General.
(aa)
[§11] Violation as Giving Rise to
Tort Liability.
(bb)
[§12] Restatement Rule.
(cc)
[§13] Legislative Intent Approach.
(2)
Illustrations.
(aa)
[§14] State Statute.
(bb)
[§15] Federal Statute.
(cc)
[§16] Federal Constitution.
(dd)
[§17] State Constitution.
7. [§18] Causation.
8. New Torts and Tort Reform.
(a)
[§19] In General.
(b)
[§20] Intentional Torts: Prima
Facie Tort Doctrine.
9. [§21] Tort
Recovery Precluded by Public Policy: Perjury or False Defense.
10. [§22] Motive
in Tort Law.
11. [§23] Survival
of Tort Liability.
B. Persons or Entities Liable for Tort.
1. [§24] In
General.
2. [§25] Minors.
3. [§26] Mentally
Disabled Persons.
4. Liability Between Family Members.
(a)
[§27] Spouses.
(b)
[§28] Parent and Child.
(c)
[§29] Siblings.
5. [§30] Agents
and Employees.
6. [§31] Representatives.
7. [§32] Corporations.
8. Corporate Directors and Officers.
(a)
[§33] In General.
(b)
[§34] Limitation of Liability in
Articles.
(c)
[§35] Volunteer Directors or
Officers of Nonprofit Corporations.
9. Unincorporated Associations.
(a)
[§36] Judicial Recognition of
Liability.
(b)
[§37] Statutory Liability.
(c)
Condominiums and Other
Common Interest Developments.
(1)
[§38] In General.
(2)
[§39] Liability for Third-Party
Criminal Conduct.
(3)
[§40] Liability of Individual
Owners.
(4)
[§41] Volunteer Directors or
Officers of Nonprofit Developments.
10. Charities.
(a)
[§42] Liability to Persons Other
Than Beneficiaries.
(b)
[§43] Liability to Beneficiaries.
C. Liability of Multiple Tortfeasors.
1. Types of Joint Torts.
(a)
Acts in Concert: Joint
Tortfeasors.
(1)
[§44] Who Are Joint Tortfeasors.
(2)
Civil Conspiracy.
(aa)
[§45] Significance of Charge.
(bb)
[§46] Wrongful Act.
(cc)
[§47] Knowledge and Intent.
(dd)
[§48] Joining Existing Conspiracy.
(b)
[§49] Independent Acts: Concurrent
and Successive Tortfeasors.
2. Apportionment of Damages.
(a)
[§50] Common Law Background: Joint
and Several Liability.
(b)
[§51] Restatement.
(c)
Modification of Joint
and Several Liability (Proposition 51).
(1)
[§52] Nature, Purpose, and
Validity.
(2)
[§53] Several Liability for
Noneconomic Damages.
(3)
Manner of Allocating
Damages.
(aa)
[§54] Basic Rule.
(bb)
[§55] Between Negligent and
Intentional Tortfeasors.
(cc)
[§56] Between Original and
Successive Tortfeasors.
(dd)
[§57] Between Tortfeasors Subject
and Not Subject to Liability.
(ee)
[§58] Between Settling and
Nonsettling Tortfeasors.
(ff)
[§59] Credit for Workers'' Compensation Benefits.
(gg)
[§60] Applicability of Comparative
Equitable Indemnity.
(4)
Claims Subject to
Proposition 51.
(aa)
[§61] In General.
(bb)
[§62] Claims Involving Both
Negligent and Intentional Torts.
(cc)
[§63] Claims Involving Vicarious
Liability.
(dd)
[§64] Claims Involving Strict
Liability.
(5)
[§65] Proposition 51
Nonretroactive.
3. Action and Judgment.
(a)
[§66] Suit and Judgment Against
One or More.
(b)
[§67] Burden of Proof on
Defendants.
(c)
[§68] Instructions.
(d)
[§69] Satisfaction of Judgment.
4. Settlement With Fewer Than All Tortfeasors.
(a)
In General.
(1)
[§70] Common Law Release Rule.
(2)
Statutory Abrogation
of Rule.
(aa)
[§71] In General.
(bb)
[§72] Scope.
(cc)
[§73] Effect of General Release.
(dd)
[§74] Application to Alter Ego
Liability.
(3)
[§75] Restatement.
(b)
[§76] Time of Settlement.
(c)
Requirement of Good
Faith.
(1)
Nature and Scope of
Requirement.
(aa)
[§77] In General.
(bb)
[§78] Early Cases.
(cc)
[§79] Tech-Bilt Test.
(dd)
[§80] Nonmonetary Consideration
for Settlement.
(ee)
[§81] Settlement With
Cross-Defendant.
(ff)
[§82] Condition That Settling Tortfeasor
Participate in Trial.
(2)
Determination of Good
Faith.
(aa)
[§83] Statutory Requirement.
(bb)
[§84] Notice or Application.
(cc)
[§85] Conduct of Hearing.
(dd)
[§86] Review.
(ee)
[§87] Scope of Statute.
(d)
Effect of Good Faith
Settlement.
(1)
[§88] General Rule: Bar to Further
Claims Against Settling Tortfeasor.
(2)
Distinctions and
Exceptions.
(aa)
[§89] Claims Against Others.
(bb)
[§90] Claims Asserted in
Independent Action.
(cc)
[§91] Claims for Contractual or
Statutory Indemnity.
(dd)
[§92] Claims of Nonparties.
(ee)
[§93] Claims of Insurers.
(ff)
[§94] Claims Not Involving
Contribution or Indemnity.
(3)
Offset to Judgment
Against Nonsettling Tortfeasor.
aa) [§95] In
General.
bb) [§96] Valuation
of Settlement.
(cc)
[§97] Structured Settlement With
Periodic Payments.
(dd)
[§98] Settlement Offsetting Entire
Judgment.
(ee)
[§99] Noneconomic Damages Under
Proposition 51.
(e)