Chart of Assignments
Updated as of: November 23, 2020
Where and When:
SECTION TWO (course/section 5144-601):
Wednesdays, Thursday & Fridays, 2:30 - 3:45 p.m., via Zoom
For Zoom logon information, check for an announcement on the class Canvas site or look for an e-mail with "Torts" and "Zoom" in the subject line.
Day by Day:
Week No 1
WEDNESDAY Aug 26 No 1
1. Welcome, Class Parameters
2. The Place of Torts and a Model Tort
Read all of TC&C Chapter 1 "Basic Concepts."
THURSDAY Aug 27 No 2
Read the Syllabus [pdf].
3. Blackletter Overview
Read all of TC&C Chapter 2 "An Overview of Tort Law."
FRIDAY Aug 28 No 3
3. Blackletter Overview (continued)
Recommended: Read all of TC&C Chapter 3, "Introduction to Negligence." (If you can't get this read for today, please read it by next Wednesday).
Week No 2
WEDNESDAY Sept 2 No 4
3. Blackletter Overview (continued)
Read all of TC&C Chapter 3, "Introduction to Negligence" (if you haven't already read it).
THURSDAY Sept 3 No 5
3. Blackletter Overview (continued)
Recommended:
Re-review the material we covered up to this point.
In class, we will do a mock quiz as an exercise and go over the answers immediately afterward.
4. Procedural Context for Torts
Read all of TC&C Chapter 4 "An Example of a Negligence Case."
FRIDAY Sept 4 No 6
5. When and to Whom a Duty of Care is Owed
Read TC&C Chapter 5.A (pp. 78-79).
Read TC&C Chapter 5.B, but skip Kubert (pp. 79-89).
Prepare an answer to Problem: WZX Cash Patrol (TC&C p.88).
Week No 3
WEDNESDAY Sept 9 No 7
5. When and to Whom a Duty of Care is Owed (continued)
Re-review Weirum v. RKO and duty of care reading from last Friday: TC&C pp. 78-89.
Be prepared with an answer to Problem: WZX Cash Patrol (TC&C p.88).
THURSDAY Sept 10 No 8
5. When and to Whom a Duty of Care is Owed (continued)
Read TC&C Chapter 5.D, but skip Tarasoff; do, however,
read the paragraph "The Tarasoff Exception" (pp. 108-129).
FRIDAY Sept 11 No 9
6. Determining Breach, in General
Read TC&C Chapter 6.A (pp.143-156).
Week No 4
WEDNESDAY Sept 16 No 10
6. Determining Breach, in General (continued)
Read Edwards: Howard v. Collins & Aikman (pp. 131-158).
7. The Reasonable Person Standard of Care
Read TC&C Chapter 6 §B (pp.157-163).
THURSDAY Sept 17 No 11
7. The Reasonable Person Standard of Care (continued)
Read TC&C Chapter 6 §C, but skip Breunig. (pp.163-164, 169-174).
8. Negligence Per Se
Read TC&C Chapter 6 §D, but skip Martin v. Herzog. (pp.174-181, 194-195).
Prepare an answer to Problem: Westbound Walker (TC&C p.195-196). (But don’t do the “SparkleStar Skate” problem.)
FRIDAY Sept 18 No 12
9. The Role of Custom or Standard Practices
Read TC&C Chapter 6 §E. (pp.198-203).
10. Res Ipsa Loquitor
Read TC&C Chapter 6 §G. (pp.217-229).
Week No 5
WEDNESDAY Sept 23 No 13
11. Special Rules for Land Owners and Occupiers
Read all of TC&C Chapter 6 §H, but stop when you get to
Campbell; pp. 229-234.
Prepare an answer to A, B, and C in “Some Problems About Duties of Land
Owners/Occupiers” (TC&C pp.244-245).
12. Actual Causation Basics
Read TC&C Chapter 7 §§A–E; pp.260-268.
Read the subsection at the end of TC&C Chapter 7 §F titled “Note on ‘Substantial Factor.”; pp. 281-282.
THURSDAY Sept 24 No 14
13. Proving Actual Causation
Watch "A Civil Action" (film) (Multiple copies on DVD are on reserve in the library; the film may also be available via various streaming services.)
Note: the previously assigned
Anderson v. Cryovac documents will be held over and assigned for class discussion next week.
FRIDAY Sept 25 No 15
14. Multiplicity Issues
Read TC&C Chapter 7 §G, but skip Sindell; pp. 282-298.
Prepare an answer to the “Nighttime Hit and Run” problem (TC&C p. 314).
Week No 6
WEDNESDAY Sept 30 No 16
14. Multiplicity Issues (continued)
We will discuss in class the “Nighttime Hit and Run” problem (TC&C p. 314).
11. Special Rules for Land Owners and Occupiers (continued)
No reading.
I will go back over this topic in class.
13. Proving Actual Causation (continued)
Read Anderson v. Cryovac documents nos. 1-6 (summary judgment papers, order, and trial plans):
01. Summary Judgment Motion of Grace
02. Summary Judgment Brief of Grace
03. Summary Judgment Order
04. Beatrice’s Trial Plan
05. Grace’s Trial Plan
06. Plaintiffs’ Trial Plan
02. Summary Judgment Brief of Grace
03. Summary Judgment Order
04. Beatrice’s Trial Plan
05. Grace’s Trial Plan
06. Plaintiffs’ Trial Plan
THURSDAY Oct 1 No 17
15. Proximate Causation Basics
Read TC&C Chapter 8 §§A-D; pp. 315-338.
FRIDAY Oct 2 No 18
16. Various Tests for Proximate Causation
Read TC&C Chapter 8 §E; pp. 338-352.
Week No 7
WEDNESDAY Oct 7 No 19
17. Existence of an Injury
Read TC&C Chapter 9, but skip Herskovits and the questions addressing Herskovits; pp. 353-355, 364-369.
18. Plaintiff’s Negligence (Contributory and Comparative)
Read TC&C Chapter 10 §§A–B, but skip Coleman and questions addressing Coleman, and stop at "Statutes: Comparative Negligence"; pp. 370-373, 384-389.
Note: The above reading assignment information originally erroneously identified a stretch of pages as 370-372 instead of 370-373. Please be sure to read through page 373. I apologize for the error.
THURSDAY Oct 8 No 20
18. Plaintiff’s Negligence (Contributory and Comparative) (continued)
Read TC&C Chapter 10 §B, picking up at "Statutes: Comparative Negligence"; pp. 389-395.
Prepare answers to “Some Problems on Applying Comparative Negligence Statutes” (TC&C p. 394-395).
19. Assumption of Risk, Waivers, and Releases
Read TC&C Chapter 10 §C through p. 397; pp. 395-397.
FRIDAY Oct 9 No 21
20. Professional Negligence /Medical Malpractice and Medical Battery
Read TC&C Chapter 11 §A–C; pp. 420-433.
21. Informed Consent Actions
Read TC&C Chapter 11 §D, but skip Largey and questions addressing Largey; pp. 433–436.
Week No 8
WEDNESDAY Oct 14 No 22
Reminder: If you haven't yet read pages 372-373 (concerning contributory negligence), please make sure to read them by now.
20. Professional Negligence /Medical Malpractice and Medical Battery (continued)
No additional reading.
21. Informed Consent Actions (continued)
Read Edwards: Campbell v. Pitt County Memorial Hospital, pp. 51-113.
THURSDAY Oct 15 No 23
22. Strict Liability
Read TC&C Chapter 13 §A–E; pp. 29–51.
FRIDAY Oct 16 No 24
22. Strict Liability (continued)
Read TC&C Chapter 13 §G–H; pp. 68–80.
23. Products Liability
Read TC&C Chapter 14 §A through first portion of F (stop at Toyota); pp. 81–101.
Week No 9
WEDNESDAY Oct 21 No 25
23. Products Liability (continued)
Prepare answers to the “Hot Water” problem in TC&C Chapter 14, pp. 121–122.
Read Edwards: Lakey v. Sta-Rite, 178-220, 222-230.
Introduction to PART VI: Intentional Torts
Read all of TC&C Chapter 16; pp. 124-132.
THURSDAY Oct 22 No 26
24. Battery and Assault
Read TC&C Chapter 17, but skip Bohrmann; pp. 133-145, 149-154.
Prepare answers to the check-your-understanding questions on pp. 153-154.
25. False Imprisonment
Read TC&C Chapter 18, but skip all cases; pp. 155-160.
FRIDAY Oct 23 No 27
26. Intentional Infliction of Emotional Distress (Outrage)
Read TC&C Chapter 18, but skip Dzamko; pp. 177-189, 194
27. Trespass to Land
Read TC&C Chapter 19, but skip "Trespass by Airplane"; pp. 195-201, 204-209
Prepare answers to the Champagne Whooshes problem on pp. 208-209.
28. Trespass to Chattels and Conversion
Read TC&C Chapter 20 §A, §B, and §D; pp. 210-213, 227-230
Week No 10
WEDNESDAY Oct 28
Icestorm - classes canceled - no class today
NOTE: Because class was cancelled on 10/28 on account of the icestorm, all assignments have been moved back one day.
THURSDAY Oct 29 No 28
26. Intentional Infliction of Emotional Distress (Outrage) (continued)
No new reading; I will answer any left over questions.
27. Trespass to Land (continued)
Please refresh your recollection as to what was assigned for last week, that we didn't get to:
Read TC&C Chapter 19, but skip "Trespass by Airplane"; pp. 195-201, 204-209.
Prepare answers to the Champagne Whooshes problem on pp. 208-209.
28. Trespass to Chattels and Conversion (continued)
Please refresh your recollection as to what was assigned for last week, that we didn't get to:
Read TC&C Chapter 20 §A, §B, and §D; pp. 210-213, 227-230.
FRIDAY Oct 30 No 29
NOTE: This class was halted soon after starting because of a power failure. Assignments have been moved back accordingly.
Week No 11
WEDNESDAY Nov 4 No 30
27. Trespass to Land (continued)
No new reading; I will have a couple of extra slides with examples to try to answer questions students have had about intent.
28. Trespass to Chattels and Conversion (continued)
Please refresh your recollection:
Read TC&C Chapter 20 §A, §B, and §D; pp. 210-213, 227-230.
29. Defenses to Intentional Torts
Please refresh your recollection:
Read TC&C Chapter 21, portion over pp. 251-267, 274 (paragraph on Exceeding the Scope of Consent), 279-282, 288-289.
THURSDAY Nov 5 No 31
Special Topic: How to Study for and Succeed on the Exam
Note: The above document was updated on October 25, 2020. If you looked at it previously, before it was updated, make sure to download and read the new version.
RECOMMENDATION: I strongly recommend you attempt to write out an answer to the above exam! If you don't have time to write out a full response, try scratching out an outline of a response. If you feel you aren't ready to handle doing this, maybe because you're still unsure of the material we've covered, do it anyway! It will be a helpful learning exercise in terms of the substantive law.
I strongly recommend you try to do your own response before you read the model answer.
FRIDAY Nov 6 No 32
30. General Issues in Remedies
Read all of TC&C Chapter 22; pp. 302-316
Prepare an answer to Problem: Injunction on Ivan as to permanent injunction only (as opposed to TRO and preliminary injunction) (TC&C p. 314).
31. Damages
Read TC&C Chapter 23, portion over pp. 317-319, 333-345.
Prepare an answer to Problem: Amelia's Future Medical Care (TC&C p. 345).
Week No 12
WEDNESDAY Nov 11 No 33
NOTE: The general plan today will be to continue the discussion of remedies and damages that we were having on Friday that we didn't finish. So please skim to re-review Friday's reading, and be sure to do the additional new reading, as shown below.
30. General Issues in Remedies (continued)
Skim to re-review all of TC&C Chapter 22; pp. 302-316
Be prepared with an answer to Problem: Injunction on Ivan as to permanent injunction only (as opposed to TRO and preliminary injunction) (TC&C p. 314).
31. Damages (held over from last class)
Skim to re-review TC&C Chapter 23, portion over pp. 317-319, 333-345.
Be prepared with an answer to Problem: Amelia's Future Medical Care (TC&C p. 345).
Read TC&C Chapter 24, portion over pp. 346-347, 355-379 ← ← ← (NOTE: This is new reading that wasn't assigned last Friday.)
THURSDAY Nov 12 No 34
32. Multiple Tortfeasors
Read TC&C Chapter 25, portion over pp. 398-410, 421-422
Prepare an answer to Problem: A Lucky Break for Bad Brakes? (TC&C p. 421).
33. Enforcing Judgments
No reading.
34. Immunities and Tort Liability of the Government
No reading.
FRIDAY Nov 13 No 35
35. Thresholds of Life
Read TC&C Chapter 26, portion over pp. 423-436
38. Defamation
Read TC&C Chapter 28 §A-G, portion over pp. 509-519
Week No 13
WEDNESDAY Nov 18 No 36
38. Defamation (continued)
Skim to re-review TC&C Chapter 28 §A-G, portion over pp. 509-519
Read TC&C Chapter 28 §H-I, portion over pp. 519-535
THURSDAY Nov 19 No 37
38. Defamation (continued)
Read TC&C Chapter 28 §H-I, portion over pp. 535-561
FRIDAY Nov 20 No 38
39. Privacy Torts
Read TC&C Chapter 29, portion over pp. 562-565
40. Right of Publicity
• I.e., read the abstract and part of the introduction (891-894), Part II to end of II.A. (903-907), and Part III.A. (928-938), but skip all footnotes.
Thanksgiving Break
WEDNESDAY Nov 25
Thanksgiving Eve - no class
THURSDAY Nov 26
Thanksgiving Day - no class
FRIDAY Nov 27
Black Friday - no class
Week No 14
WUESDAY (Tuesday treated as a Wednesday on the COL calendar) Dec 1 No 39
41. Transactional Torts
Read TC&C Chapter 27, selected portions regarding intentional economic interference and fraud: pp. 459-463; 471-484; 496-499
42. Theoretical Perspectives on Torts
No reading.
THRENDESDAY (Wednesday treated as a Thursday on the COL calendar) Dec 2 No 40
43. Tort Reform
No reading.
Review
Read the Exam Prospectus [pdf] if you haven't already.
How we spend our time will depend on student input.
FRURSDAY (Thursday treated as a Friday on the COL calendar) Dec 3 No 41
Review
How we spend our time will depend on student input.
Topic by Topic:
Note: Future readings are subject to adjustment and change.
PART I: Preliminaries
1. Welcome, Class Parameters
2. The Place of Torts and a Model Tort
Read all of TC&C Chapter 1, "Basic Concepts."
3. Blackletter Overview
Read all of TC&C Chapter 2, "An Overview of Tort Law."
Read all of TC&C Chapter 3, "Introduction to Negligence."
Recommended:
Re-review the material we covered up to this point.
4. Procedural Context for Torts
Read all of TC&C Chapter 4 "An Example of a Negligence Case."
PART II: The Prima Facie Case for Negligence
SUBPART A: The Duty Element
5. When and to Whom a Duty of Care is Owed
Read TC&C Chapter 5.A (pp. 78-79).
Read TC&C Chapter 5.B, but skip Kubert (pp. 79-89).
Prepare an answer to Problem: WZX Cash Patrol (TC&C p.88).
Read TC&C Chapter 5.D, but skip Tarasoff; do, however,
read the paragraph "The Tarasoff Exception" (pp. 108-129).
SUBPART B: The Breach Element
6. Determining Breach, in General
Read TC&C Chapter 6.A (pp.143-156).
Read Edwards: Howard v. Collins & Aikman (pp. 131-158).
7. The Reasonable Person Standard of Care
Read TC&C Chapter 6 §B and §C, but skip Breunig. (pp.157-164, 169-174).
8. Negligence Per Se
Read TC&C Chapter 6 §D, but skip Martin v. Herzog. (pp.174-181, 194-195).
Prepare an answer to Problem: Westbound Walker (TC&C p.195-196). (But don’t do the “SparkleStar Skate” problem.)
9. The Role of Custom or Standard Practices
Read TC&C Chapter 6 §E. (pp.198-203).
10. Res Ipsa Loquitor
Read TC&C Chapter 6 §G. (pp.217-229).
11. Special Rules for Land Owners and Occupiers
Read all of TC&C Chapter 6 §H, but stop when you get to
Campbell; pp. 229-234.
Prepare an answer to A, B, and C in “Some Problems About Duties of Land
Owners/Occupiers” (TC&C pp.244-245).
SUBPART C: The Actual Causation Element
12. Actual Causation Basics
Read TC&C Chapter 7 §§A–E; pp.260-268.
Read the subsection at the end of TC&C Chapter 7 §F titled “Note on ‘Substantial Factor.”; pp. 281-282.
13. Proving Actual Causation
Watch A Civil Action (film) (Multiple copies on DVD are on reserve in the library; the film may also be available via various streaming services.)
Read Anderson v. Cryovac documents nos. 1-6 (summary judgment papers, order, and trial plans):
01. Summary Judgment Motion of Grace
02. Summary Judgment Brief of Grace
03. Summary Judgment Order
04. Beatrice’s Trial Plan
05. Grace’s Trial Plan
06. Plaintiffs’ Trial Plan
02. Summary Judgment Brief of Grace
03. Summary Judgment Order
04. Beatrice’s Trial Plan
05. Grace’s Trial Plan
06. Plaintiffs’ Trial Plan
14. Multiplicity Issues
Read TC&C Chapter 7 §G, but skip Sindell; pp. 282-298.
Prepare an answer to the “Nighttime Hit and Run” problem (TC&C p. 314).
SUBPART D: The Proximate Causation Element
15. Proximate Causation Basics
Read TC&C Chapter 8 §§A-D; pp. 315-338.
16. Various Tests for Proximate Causation
Read TC&C Chapter 8 §E; pp. 338-352.
SUBPART E: The Injury Element
17. Existence of an Injury
Read TC&C Chapter 9, but skip Herskovits and the questions addressing Herskovits; pp. 353-355, 364-369.
PART III: Affirmative Defenses to Negligence
18. Plaintiff’s Negligence (Contributory and Comparative)
Read TC&C Chapter 10 §§A–B, but skip Coleman and questions addressing Coleman; pp. 370-373, 384-395.
Prepare answers to “Some Problems on Applying Comparative Negligence Statutes” (TC&C p. 394-395).
19. Assumption of Risk, Waivers, and Releases
Read TC&C Chapter 10 §C through p. 397; pp. 395-397.
PART IV: Liability Relating to Medical Care
20. Professional Negligence /Medical Malpractice and Medical Battery
Read TC&C Chapter 11 §A–C; pp. 420-433.
(Note: We will not be reading Sawyer v. St. Joseph’s Hospital from the Edwards book, which I'd previously hoped to assign under this topic heading. I've decided to skip the Sawyer case because of time constraints.)
21. Informed Consent Actions
Read TC&C Chapter 11 §D, but skip Largey and questions addressing Largey; pp. 433–436.
Read Edwards: Campbell v. Pitt County Memorial Hospital, pp. 51-113.
PART V: Dealing with Accidents Outside of Negligence
22. Strict Liability
Read TC&C Chapter 13 §A–E; pp. 29–51.
Read TC&C Chapter 13 §G–H; pp. 68–80.
23. Products Liability
Read TC&C Chapter 14 §A through first portion of F (stop at Toyota); pp. 81–101.
Prepare answers to the “Hot Water” problem in TC&C Chapter 14, pp. 121–122.
Read Edwards: Lakey v. Sta-Rite, 178-220, 222-230.
PART VI: Intentional Torts
Read all of TC&C Chapter 16; pp. 124-132.
24. Battery and Assault
Read TC&C Chapter 17, but skip Bohrmann; pp. 133-145, 149-154.
Prepare answers to the check-your-understanding questions on pp. 153-154.
25. False Imprisonment
Read TC&C Chapter 18, but skip all cases; pp. 155-160.
26. Intentional Infliction of Emotional Distress (Outrage)
Read TC&C Chapter 18, but skip Dzamko; pp. 177-189, 194
27. Trespass to Land
Read TC&C Chapter 19, but skip "Trespass by Airplane"; pp. 195-201, 204-209
Prepare answers to the Champagne Whooshes problem on pp. 208-209.
28. Trespass to Chattels and Conversion
Read TC&C Chapter 20 §A, §B, and §D; pp. 210-213, 227-230
29. Defenses to Intentional Torts
Read TC&C Chapter 21, portion over pp. 251-267, 274 (paragraph on Exceeding the Scope of Consent), 279-282, 288-289
PART VII: Remedies and Issues Concerning Parties
30. General Issues in Remedies
Read all of TC&C Chapter 22; pp. 302-316
Prepare an answer to Problem: Injunction on Ivan as to permanent injunction only (as opposed to TRO and preliminary injunction) (TC&C p. 314).
31. Damages
Read TC&C Chapter 23, portion over pp. 317-319, 333-345
Prepare an answer to Problem: Amelia's Future Medical Care (TC&C p. 345).
Read TC&C Chapter 24, portion over pp. 346-347, 355-379
32. Multiple Tortfeasors
Read TC&C Chapter 25, portion over pp. 398-410, 421-422
Prepare an answer to Problem: A Lucky Break for Bad Brakes? (TC&C p. 421).
33. Enforcing Judgments
No reading.
34. Immunities and Tort Liability of the Government
No reading.
35. Thresholds of Life
Read TC&C Chapter 26, portion over pp. 423-436
PART VIII: Some Practical Pitfalls
36. Insurance
No reading.
37. Statutes of Limitation and Repose
No reading.
PART IX: Oblique Torts
38. Defamation
Read TC&C Chapter 28 §A-G, portion over pp. 509-519
Read TC&C Chapter 28 §H-I, portion over pp. 519-561
39. Privacy Torts
Read TC&C Chapter 29, portion over pp. 562-565
40. Right of Publicity
• I.e., read the abstract and part of the introduction (891-894), Part II to end of II.A. (903-907), and Part III.A. (928-938), but skip all footnotes.
41. Transactional Torts
Read TC&C Chapter 27, selected portions regarding intentional economic interference and fraud: pp. 459-463; 471-484; 496-499
PART IX: Theory and Policy
42. Theoretical Perspectives on Torts
No reading.
43. Tort Reform
No reading.