Chart of Assignments
Assignments updated as of: November 24, 2021.
Where and When:
SECTION ONE (course/section 5144-600):
Wednesdays, Thursday & Fridays, 1:30 - 2:45 p.m.; Classroom 3 on Wed., Classroom 2 on Thurs.-Fri.
SECTION FOUR (course/section 5144-603):
Wednesdays, Thursday & Fridays, 3:00 - 4:15 p.m.; Classroom 2 all days.
About Zoom:
Going forward, I'm just going to plan on making every class observable by Zoom.
Keep in mind that when class is being held in-person, observing by Zoom doesn’t count as attendance for purposes of the attendance policy. For logon information, look for an e-mail I sent on August 31 with the subject line "Torts Zoom arrangements (Zoom invitation and information)".
Key:
If the reading for a given day includes questions or problems, you should prepare answers to those ahead of class.
"TC&C" refers to Torts: Cases and Context, Volumes One and Two (Pylon Edition, Version 2.0) (TC&C), which is available for free download in PDF and DOCX formats. Chapters 1-12 are in Volume One. Chapters 13 and above are in Volume Two.
"Edwards" refers to Four Trials by John Edwards, with John Auchard (2004), ISBN-13: 978-0743272049.
Day by Day:
Week No 1
WEDNESDAY Aug 25 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 26 No 2
1. Welcome, Class Parameters (continued)
Read the Syllabus [pdf].
3. Blackletter Overview
Read all of TC&C Chapter 2 "An Overview of Tort Law."
FRIDAY Aug 27 No 3
3. Blackletter Overview (continued)
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
CLASS CONDUCTED ONLINE VIA ZOOM THIS WEEK
We will conduct this week's classes via Zoom. For logon information, look for an e-mail I sent on August 31 with the subject line "Torts Zoom arrangements (Zoom invitation and information)". Attend in real-time (a/k/a "synchronously"), as if you were going to class in person.
Section 4: Please do not log in more than 15 minutes early! If you do, you'll be in Section 1's class.
WEDNESDAY Sept 1 No 4 (via Zoom; in real time)
3. Blackletter Overview (continued)
If you haven't read TC&C Chapter 3, "Introduction to Negligence, read it for today.
And if you haven't read the Syllabus [pdf], please read that.
No new reading.
THURSDAY Sept 2 No 5 (via Zoom; in real time)
3. Blackletter Overview (continued)
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."
FRIDAY Sept 3 No 6 (via Zoom; in real time)
3. Blackletter Overview (continued)
Please read whatever portion of the mindmap we didn't cover in class. Don't worry about understanding it all. It's helpful to have looked at it for having a framework for what's coming.
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 8 No 7
5. When and to Whom a Duty of Care is Owed (continued)
We will continue our discussion of Weirum v. RKO and the material assigned last time on duty.
Be prepared with your answer to Problem: WZX Cash Patrol (TC&C p.88).
Read TC&C Chapter 5.D, but skip Theobald v. Dolcimascola and Tarasoff v. UC Regents; do, however,
read the paragraph "The Tarasoff Exception" (pp. 108-109; 115-129).
THURSDAY Sept 9 No 8
6. Determining Breach, in General
Read TC&C Chapter 6.A (pp.143-156).
Read Edwards: Howard v. Collins & Aikman (pp. 131-158).
FRIDAY Sept 10 No 9
7. The Reasonable Person Standard of Care
Read TC&C Chapter 6 §B and §C, but skip Breunig. (pp.157-164, 169-174).
Week No 4
WEDNESDAY Sept 15 No 10 Zoom observability planned for §§1&4
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).
Hey there! Pro tip: Look ahead to the assignment for 9/22. You're supposed to have watched a movie by then. It might be more convenient and fun to do that well in advance of 9/22.
THURSDAY Sept 16 No 11 Zoom observability planned for §§1&4
10. Res Ipsa Loquitor
Read TC&C Chapter 6 §G. (pp.217-229).
11. Special Rules for Land Conditions and Bailments
No reading.
FRIDAY Sept 17 No 12 Zoom observability planned for §§1&4
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.
Week No 5
WEDNESDAY Sept 22 No 13 (no Zoom unless requested)
11. Special Rules for Land Conditions and Bailments (continued)
We will go over a few additional slides; no reading.
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
THURSDAY Sept 23 No 14 (no Zoom unless requested)
14. Actual Causation 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).
FRIDAY Sept 24 No 15 Zoom observability planned for §§1&4
15. Proximate Causation Basics
Read TC&C Chapter 8 §§A-D; pp. 315-338.
Week No 6
WEDNESDAY Sept 29 No 16 (no Zoom unless requested)
15. Proximate Causation Basics (continued)
Skim to re-review Palsgraf v. L.I.R.R. We'll wrap up our discussion of it.
16. Various Tests for Proximate Causation
Read TC&C Chapter 8 §E; pp. 338-352.
THURSDAY Sept 30 No 17 (no Zoom unless requested)
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, for today, stop at 389; pp. 370-373, 384-389.
FRIDAY Oct 1 No 18 Zoom observability planned for §§1&4
18. Plaintiff’s Negligence (Contributory and Comparative) (continued)
Continue reading TC&C Chapter 10 §B, picking up at 389; 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, plus portion starting on 416 about public-policy exceptions; pp. 395-397 & 416-418.
Week No 7
WEDNESDAY Oct 6 No 19 (no Zoom unless requested - please specify your section when requesting!)
19. Assumption of Risk, Waivers, and Releases (continued)
No additional reading; you might skim the reading on this topic that was assigned for last time.
20. Professional Negligence / Medical Malpractice and Medical Battery
Read TC&C Chapter 11 §A–C; pp. 420-433.
THURSDAY Oct 7 No 20 Zoom observability planned for §§1&4
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.
FRIDAY Oct 8 No 21 Zoom observability planned for §§1&4
22. Strict Liability
Read TC&C Chapter 13 §A–E; pp. 29–51.
Week No 8
WEDNESDAY Oct 13 No 22 (no Zoom unless requested - please put "zoom," date(s), & section in subject line)
22. Strict Liability (continued)
Continue discussion of reading from last time (Bard v. Jahnke for §1 and Rylands v. Fletcher for §§1&4)
Read TC&C Chapter 13 §G–H; pp. 68–80.
THURSDAY Oct 14 No 23 (no Zoom unless requested - please put "zoom," date(s), & section in subject line)
23. Products Liability
Read TC&C Chapter 14 §A through first portion of D (stop at and don't read Escola); pp. 81–86.
Read TC&C Chapter 14 §E-F; pp. 95–122.
FRIDAY Oct 15 No 24 Zoom observability planned for §4 (not §1 unless requested)
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.
Week No 9
WEDNESDAY Oct 20 No 25 (no Zoom unless requested - please put "zoom," date(s), & section in subject line)
23. Products Liability (continued)
Briefly re-review the “Hot Water” problem in TC&C Chapter 14, pp. 121–122. We'll finish working through it in class.
[Additional reading was pushed off into the next day.]
THURSDAY Oct 21 No 26 Zoom observability planned for §1 (not §4 unless requested)
24. Intentional Torts Introduction
Read all of TC&C Chapter 16; pp. 124-132.
25. 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.
FRIDAY Oct 22 No 27 Zoom observability planned for §1 (not §4 unless requested)
Discussion about exam techniques
Week No 10
WEDNESDAY Oct 27 No 28
Discussion about exam techniques (continued)
We will continue working on our in-class exercise about exam writing technique.
26. False Imprisonment
Read TC&C Chapter 18, but skip all cases; pp. 155-160.
THURSDAY Oct 28 No 29
27. Intentional Infliction of Emotional Distress (Outrage)
Read TC&C Chapter 18, but skip Dzamko; pp. 177-189, 194
28. 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.
FRIDAY Oct 29 No 30
PRACTICE EXAM, Essay Portion (OPTIONAL)
You can do the essay response for the practice exam (described below) and turn it in on paper at the beginning of class (i.e., beginning of this class, 10/29), in which case make sure you print it one-sided and do not staple. If you do the practice exam, please limit yourself to two hours, including the time you spend reading the facts and the questions. Note that doing the essay response and turning it in is entirely optional and will not count in any manner for your grade. I will review the practice exam responses turned in and give some group feedback next week.
The practice exam is questions 1, 3, 4 and 5 of The Great Northwoods Lumberjack Show.
Please use this .DOCX template for your response. If you can't use the template, see these .PDF instructions.
Before you do the practice exam, you are encouraged to re-review:
[Trespass to chattels and conversion was pushed off to the next class session.]
Week No 11
WEDNESDAY Nov 3 No 31
29. Trespass to Chattels and Conversion
Read TC&C Chapter 20 §A, §B, and §D; pp. 210-213, 227-230
Discussion about / feedback on practice essay exam
I will provide group feedback on the practice essay exam. I suggest you review the tip sheets and the practice exam materials -- and your response, if you've done it -- before today's class. If you haven't already done the practice exam materials as a practice test, you might consider doing so at least informally before class. See Class No. 30, October 29, supra, for links to the tip sheets and practice exam materials.
THURSDAY Nov 4 No 32
30. Defenses to Intentional Torts
Read TC&C Chapter 21 §A, §B (but skip Food Lion and notes about it), §C (but stop at Katko), §D (but stop at Vincent & Ploof) pp. 251-267, 274-282, 288-289
FRIDAY Nov 5 No 33 Zoom observability planned for §§1&4
30. Defenses to Intentional Torts (continued)
No additional reading.
31. 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).
Week No 12
WEDNESDAY Nov 10 No 34 Zoom observability planned for §§1&4
32. 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).
THURSDAY Nov 11 No 35 Zoom observability planned for §§1&4
32. Damages (continued)
Read TC&C Chapter 24, portion over pp. 346-347, 355-379
33. 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).
FRIDAY Nov 12 No 36 Zoom observability planned for §§1&4
34. Enforcing Judgments
No reading.
36. Thresholds of Life
Read TC&C Chapter 26, portion over pp. 423-436
Week No 13
WEDNESDAY Nov 17 No 37 Zoom observability planned for §§1&4
39. Defamation
Read TC&C Chapter 28 §A-I, skipping Bindrim; pp. 509-522 & 535-561
THURSDAY Nov 18 No 38 Zoom observability planned for §§1&4
39. Defamation (continued)
No additional reading for this topic.
40. Privacy Torts
Read TC&C Chapter 29, portion over pp. 562-565
FRIDAY Nov 19 No 39 Zoom observability planned for §§1&4
41. Right of Publicity
Week No 14
WUESDAY Nov 30 No 40 Zoom observability planned for §§1&4
⚖Tuesday, November 30: Classes follow a Wednesday schedule.
⚖Tuesday, November 30: Classes follow a Wednesday schedule.
40. Privacy Torts
(Held over from last week.)
Re-review TC&C Chapter 29, portion over pp. 562-565
42. Transactional Torts
Read TC&C Chapter 27, selected portions regarding intentional economic interference and fraud: pp. 459-463; 471-484; 496-499
THRENDSDAY Dec 1 No 41 Zoom observability planned for §§1&4
⚖Wednesday, December 1: Classes follow a Thursday schedule
⚖Wednesday, December 1: Classes follow a Thursday schedule
43. Theoretical Perspectives on Torts
No reading.
44. Tort Reform
No reading.
FRURSDAY Dec 2 No 42 Zoom observability planned for §§1&4
⚖Thursday, December 2: Classes follow a Friday schedule
⚖Thursday, December 2: Classes follow a Friday schedule
Review and discussion of practice exam multiple-choice questions
I suggest you take the Midwest Mishaps multiple choice questions and the Cross-Country Catastrophes multiple choice questions as a practice exam. Answers are in the Exam Archive. In class I will go over any of these multiple-choice questions on request.
I can also answer other questions about course content.
Finally, I recommend you review the Exam Prospectus and Syllabus Addendum No. 2 if you haven't already.
Topic by Topic:
Note: Future readings are subject to adjustment and change.
PART I: Preliminaries
1. Welcome, Class Parameters
Read the syllabus.
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.
Please read whatever portion of the mindmap we didn't cover in class. Don't worry about understanding it all. It's helpful to have looked at it for having a framework for what's coming.
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 Theobald v. Dolcimascola and Tarasoff v. UC Regents; do, however,
read the paragraph "The Tarasoff Exception" (pp. 108-109; 115-129).
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 Conditions and Bailments
No reading.
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. Actual Causation 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, plus portion starting on 416 about public-policy exceptions; pp. 395-397 & 416-418.
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.
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 D (stop at and don't read Escola); pp. 81–86.
Read TC&C Chapter 14 §E-F; pp. 95–122.
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
24. Intentional Torts Introduction
Read all of TC&C Chapter 16; pp. 124-132.
25. 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.
26. False Imprisonment
Read TC&C Chapter 18, but skip all cases; pp. 155-160.
27. Intentional Infliction of Emotional Distress (Outrage)
Read TC&C Chapter 18, but skip Dzamko; pp. 177-189, 194
28. 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.
29. Trespass to Chattels and Conversion
Read TC&C Chapter 20 §A, §B, and §D; pp. 210-213, 227-230
30. Defenses to Intentional Torts
Read TC&C Chapter 21 §A, §B (but skip Food Lion and notes about it), §C (but stop at Katko), §D (but stop at Vincent & Ploof) pp. 251-267, 274-282, 288-289
PART VII: Remedies and Issues Concerning Parties
31. 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).
32. 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
33. 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).
34. Enforcing Judgments
No reading.
35. Immunities and Tort Liability of the Government
No reading.
36. Thresholds of Life
Read TC&C Chapter 26, portion over pp. 423-436
PART VIII: Some Practical Pitfalls
37. Insurance
No reading.
38. Statutes of Limitation and Repose
No reading.
PART IX: Oblique Torts
39. Defamation
Read TC&C Chapter 28 §A-I, skipping Bindrim; pp. 509-522 & 535-561
40. Privacy Torts
Read TC&C Chapter 29, portion over pp. 562-565
41. Right of Publicity
Additional reading pending. (I'm working on editing something down ... )
42. 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
43. Theoretical Perspectives on Torts
No reading.
44. Tort Reform
No reading.
APPENDIX: Other reading assigned
Discussion about exam techniques