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1 Includes 2005 legislation! Torts 2006 Revision Save precious billable hours and always be prepared. defamation and invasion of privacy liquor malpractice negligence products toxic torts indemnity and contribution wrongful death commercial torts defenses vicarious

2 The 2006 revision of Torts reflects changes in tort law that have occurred over the past five years since this publication was last updated. With more than 2,400 cases and 1,300 pages, this comprehensive, two-volume desk book is filled with everything from black-letter law and case citations to analysis and commentary from Oregon s foremost tort lawyers. Plus, the revision includes an all-new chapter on mass torts. In addition to serving as the chief reference guide on tort law for Oregon judges and tort lawyers, Torts is also an invaluable resource for civil and criminal lawyers who handle the occasional tort case. With Torts on your shelf you can easily advise your clients about their available rights and remedies and provide answers to a variety of questions, including: When is an employer liable for an employee s negligent acts or intentional torts? What happens when an uninsured or intoxicated motorist causes an auto accident? What remedies are available to a wrongfully discharged employee? How will a Mary Carter agreement affect the of other defendants? Who is potentially liable for injury caused by a defective product? When are damages for emotional distress recoverable? What is a social host s under Oregon s liquor statute? And much more! Each chapter explains the elements of your cause of action, and how to plead or defend the case. Whether you are a new lawyer or an experienced litigator, you can count on Torts to provide you with the information you need.

3 Torts 2006 Revision Contents 1 Assault and Battery Daniel S. Margolin 2 False Arrest and False Imprisonment Daniel S. Margolin 3 Intentional Infliction of Emotional Distress Jay W. Beattie 4 Torts Arising from Sexual Misconduct Kevin K. Strever 5 Defamation William A. Masters 6 Invasion of Privacy Eric Neiman 7 Intentional Interference with Property William B. Crow 8 Negligence: The Basic Elements Eric S. DeFreest 9 Defenses to Negligence Richard A. Roseta 10 Premises Liability Rose M. Hartwig 11 Professional Malpractice Arthur C. Johnson Marilyn A. Heiken 12 Vehicle Collisions Robert A. Ford 13 Dram Shop Act and the Drunk Driver Richard J. Whittemore Nicholas L. Dazer 14 Vicarious Liability J. Michael Alexander 15 Multiple Tortfeasors Bruce C. Hamlin 16 Indemnity and Contribution Louis A. Ferreira IV Ryan Wesley Bounds Timothy W. Snider 17 Mandatory Automobile Insurance Joel S. DeVore Editorial Board Arthur C. Johnson, B.S., University of Oregon (1950); LL.B., J.D., Harvard University (1953, 1969); member of the Oregon State Bar since 1953; partner, Johnson, Clifton, Larson & Schaller, P.C., Eugene. Derek Johnson, B.A., Williams College (1981); B.A., Universite de Poitiers, University of Oregon (1982); J.D., University of California, Los Angeles (1985); LL.M., University of Washington (1987); member of the State Bar of California since 1986 and the Oregon State Bar since 1988; partner, Johnson, Clifton, Larson & Schaller, P.C., Eugene. Marilyn A. Heiken, B.A. (summa cum laude), J.D., University of Oregon (1987, 1992); member of the Oregon State Bar since 1992; associate, Johnson, Clifton, Larson & Schaller, P.C., Eugene.

4 18 Abnormally Dangerous Activities Michael L. Williams Dominick Vetri Christopher T. Hill Richard J. Vangelisti 19 Products Liability Dominick Vetri Michael L. Williams 20 Mass Torts Michael L. Williams Brian S. Campf Leslie W. O Leary 21 Nuisance William H. Sherlock 22 Toxic Torts Gregory E. Skillman Danna C. Fogarty 23 Fraud, Misrepresentation, and Gary M. Berne Unfair Trade Practices Scott A. Shorr Mark A. Friel 24 Misuse of Legal Procedure Roy Dwyer Timothy L. Williams 25 Intentional Interference with Economic Stephen F. English Relations and Related Actions Renee E. Rothauge Linda M. Bolduan 26 Discrimination Claims in Oregon Linda M. Bolduan John R. Osburn 27 Claims Against Governmental Bodies David B. Williams Michele C. Smith 28 Claims Arising from the Employment Nelson R. Hall Relationship Elizabeth McKanna Edwin A. Harnden 29 Wrongful Death and Survival of Actions Susan L. Frank Kevin E. Lucey 30 Effect of Family Relationships on Torts Michael W. Flinn 31 Statutes of Limitations and Statutes of Repose Lindsey H. Hughes 32 Negligence Per Se, Statutory Torts, Caroline Forell and Statutory Duties David F. Sugerman RETURN POLICY: Returns with receipt (picking list) are accepted within 30 days from the shipping date. Defective products will be replaced. Full refund for books with no visible marks, creases, etc. Full refund for unopened CD-ROMs, audio, and video products; 50% credit for like-product if seals are broken. Please send to OSB, Attention: Returns, 5200 SW Meadows Road, Lake Oswego, Oregon Questions? Call ; toll-free in Oregon , ext. 413.

5 Order Form Torts Name Bar # Firm Name Phone Shipping Address (No PO Box) City State Zip Code PRINT FORMAT vols. without binders [550.06B] $ $ vols. with binders [550.KT] $ $ *CD-ROM FORMAT WITH SEARCH ENGINE vols. [550.CD] $ $ * Minimum system requirements: Windows 95 or newer; 486 processor; 32 MB of RAM; 20 MB available hard disk space. Subtotal: $ Shipping and handling fee: $ 7.00 TOTAL ORDER: $ WB PAYMENT OPTIONS: Check Enclosed: Payable to Oregon State Bar Please Bill: Customer No. Credit Card (VISA & MasterCard Only) All the information below is required when paying by credit card. Credit Card Number Expiration Date Name on Credit Card (Please Print) Credit Card Billing Address City State Zip Code Authorized Signature FOUR WAYS TO ORDER: 1. ONLINE: Order online with a credit card at our secure bookstore at 2. MAIL: Mail order with payment to: Oregon State Bar Service Desk, PO Box 1689, Lake Oswego, Oregon FAX: Fax this page, including credit card information, to the Service Desk at To avoid duplicate orders, do NOT mail a copy. 4. PHONE: Call the Service Desk at , or toll-free in Oregon , ext Please allow two weeks for normal delivery for all order methods Oregon State Bar

TORTS CONTENTS VOLUME

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