Chart of Assignments
Assignments updated as of: November 20, 2022.
Please refresh this page to see the latest version.
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 24 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 25 No 2
1. Welcome, Class Parameters (continued)
Read the
syllabus (once it is posted).
3. Blackletter Overview
Read all of TC&C Chapter 2 "An Overview of Tort Law."
FRIDAY Aug 26 No 3
3. Blackletter Overview (continued)
Read all of TC&C Chapter 3, "Introduction to Negligence."
Week No 2
WEDNESDAY August 31 No 4
1. Welcome, Class Parameters, continued
The syllabus was posted 8/26. Be sure to have read it by today.
3. Blackletter Overview, continued
No new reading.
Read all of TC&C Chapter 1 "Basic Concepts." ⬅ This was a mistake. My apologies.
THURSDAY September 1 No 5
3. Blackletter Overview, continued
Please re-review the material we have covered up to this point.
4. Procedural Context for Torts
Read all of TC&C Chapter 4 "An Example of a Negligence Case."
FRIDAY September 2 No 6
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 all of TC&C Chapter 5.A (pp. 78-79).
Read all of TC&C Chapter 5.B, but skip Kubert (pp. 79-89).
Read all of TC&C Prepare an answer to Problem: WZX Cash Patrol (TC&C p.88).
Week No 3
WHAT IN THE HECK IS GOING ON WITH THIS WEEK?
Here's what happened: I was going to attend a conference on Friday in Kansas. Now I'm sick, so I can't teach class in person, but I also can't go to the conference, which means I can teach online on Friday ...
WEDNESDAY September 7
Class canceled.
Sorry for the last minute notice. I'm sick. So there is no Torts class on September 7. I have shifted the assignments back a day.
THURSDAY September 8 No 7
CLASS TO BE CONDUCTED ONLINE
I'm hoping to be well enough to conduct this class online via zoom, so that's my plan. I'm making arrangements for that, and I'll get that to you by email.
5. When and to Whom a Duty of Care is Owed, continued
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).
6. Determining Breach, in General
Read TC&C Chapter 6.A (pp.143-156).
FRIDAY September 9 No 8
CLASS TO BE CONDUCTED ONLINE
I had previously canceled this class. As of 9/7, I'm now UNcanceling this class and planning to conduct it online via zoom. So sorry for the change. I'll get the zoom infomation to you by email.
To ameliorate any problems caused by a reliance interest based on my previous cancelation of the 9/9 class (e.g., you already purchased a non-refundable ticket out of town), I will not take attendance on this day and I will arrange to have class recorded and to have that recording available on Canvas.
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 and §C, but skip Breunig. (I.e., read pp.157-164, 169-174.)
Week No 4
WEDNESDAY September 14 No 9
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 9/21. You're supposed to have watched a movie by then. It might be more convenient and fun to do that well in advance of 9/21.
THURSDAY September 15 No 10
10. Res Ipsa Loquitor
Read TC&C Chapter 6 §G (pp.217-229).
11. Special Rules for Land Conditions and Bailments
No reading.
FRIDAY September 16 No 11
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 September 21 No 12
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 September 22 No 13
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 September 23 No 14
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.
Week No 6
WEDNESDAY September 28 No 15
16. Various Tests for Proximate Causation, continued
No new reading. You might briefly skim the previously assigned reading: TC&C Chapter 8 §E; pp. 338-352.
17. Existence of an Injury
Read TC&C Chapter 9, but skip Herskovits and the questions addressing Herskovits; pp. 353-355, 364-369.
THURSDAY September 29 No 16
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).
FRIDAY September 30 No 17
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 October 5 No 18
20. Professional Negligence / Medical Malpractice and Medical Battery
Read TC&C Chapter 11 §A–C; pp. 420-433.
THURSDAY October 6
Class canceled.
I apologize for the inconvenience, including the last minute notice. Reading assignments are shifted a day into the future.
FRIDAY October 7 No 19
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.
Week No 8
WEDNESDAY October 12 No 20
22. Strict Liability
Read TC&C Chapter 13 §A–E; pp. 29–51.
THURSDAY October 13 No 21
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 October 14 No 22
Discussion about exam techniques
Week No 9
WEDNESDAY October 19 No 23
23. Products Liability, continued
We will continue working through the “Hot Water” problem in TC&C Chapter 14, pp. 121–122.
Read Edwards: Lakey v. Sta-Rite, 178-220, 222-230.
24. Intentional Torts Introduction
Read all of TC&C Chapter 16; pp. 124-132.
THURSDAY October 20 No 24
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.
FRIDAY October 21 No 25
27. Intentional Infliction of Emotional Distress (Outrage)
Read TC&C Chapter 18, but skip Dzamko; pp. 177-189, 194
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, 10/21), 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 in a later class.
The practice exam is This is How We Yodel, People (Fall 2018 version), modified as follows: Do not discuss intentional torts under Question 1.
Use this .DOCX template for your response. If software limitations on your device prevent you from using that template, then see these .PDF instructions.
Before you do the practice exam, you are encouraged to re-review:
Week No 10
WEDNESDAY October 26 No 26
37. Insurance
We started talking about this last week. We'll finish up today. There is no reading for this.
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
THURSDAY October 27 No 27
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 October 28 No 28
30. Defenses to Intentional Torts, continued
No additional reading. We'll continue on this topic (unless we get through it all on Thursday).
PRACTICE EXAM, Multiple-Choice Portion (OPTIONAL)
Before class, on your own, you can do the 25-question multiple-choice battery Midwest Mishaps. Then, check your answers here. In class, I will take requests to go over particular questions.
Before you do Midwest Mishaps for practice, you are encouraged to re-review: Tip Sheet on Multiple-Choice Questions [.pdf]
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 today. See Class No. 25, October 21, supra, for links to the tip sheets and practice exam materials.
Week No 11
WEDNESDAY November 2 No 29
PRACTICE EXAM, Multiple-Choice Portion (OPTIONAL), continued
For the first 15 minutes of class, I will go over questions regarding the multiple-choice question set Midwest Mishaps (answers). I only received one request by email for a question to go over. That was No. 5. So we'll do that. Then, time permitting, I'll do a couple more from among 10, 11, & 20-25, chosen based on audience enthusiasm at the time. But we'll do a hard stop at 3:15 p.m.
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
THURSDAY November 3 No 30
32. Damages, continued
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
FRIDAY November 4 No 31
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.
Week No 12
WEDNESDAY November 9 No 32
35. Immunities and Tort Liability of the Government, continued
No reading.
36. Thresholds of Life
Read TC&C Chapter 26, portion over pp. 423-436
Note re Topics 37 & 38 ...
Topic 37 (Insurance) and Topic 38 (Statutes of Limitation and Repose) were no-reading/slides-only topics covered in prior weeks where time permitted (as contemplated by the syllabus). Those slides can be found on the class webpage.
39. Defamation
Read TC&C Chapter 28 §A-H, skipping Bindrim and stopping at page 522; pp. 509-522
THURSDAY November 10 No 33
39. Defamation, continued
Read TC&C Chapter 28 §H-I, starting at page 535 and going through 561
FRIDAY November 11
Important:
Class canceled, no Torts §4 class on November 11.
(Also note that class will be canceled 11/18. Please see below.)
(Also note that class will be canceled 11/18. Please see below.)
Week No 13
WEDNESDAY November 16 No 34
39. Defamation
No new reading. But you might skim the previously assigned reading -- in particular, I'd suggest that you skim Masson v. New Yorker because we have yet to discuss that.
THURSDAY November 17 No 35
39. Defamation
No new reading.
40. Privacy Torts
Read TC&C Chapter 29, portion over pp. 562-565
FRIDAY November 18
Important:
Class canceled, no Torts §4 class on November 18.
Week No 14
WUESDAY November 29 No 36
⚖Tuesday, November 29: Classes follow a Wednesday schedule.
⚖Tuesday, November 29: Classes follow a Wednesday schedule.
41. Right of Publicity
42. Transactional Torts
Read TC&C Chapter 27, selected portions regarding intentional economic interference and fraud: pp. 459-463; 471-484; 496-499
THRENDSDAY November 30 No 37
⚖Wednesday, November 30: Classes follow a Thursday schedule
⚖Wednesday, November 30: Classes follow a Thursday schedule
43. Theoretical Perspectives on Torts
No reading.
44. Tort Reform
No reading.
FRURSDAY December 1 No 38
⚖Thursday, December 1: Classes follow a Friday schedule
⚖Thursday, December 1: Classes follow a Friday schedule
Review
We'll spend this day doing review. If there are particular things you want to do -- such as reviewing certain topics or going over particular old multiple-choice questions -- please consider emailing me.
Topic by Topic:
Note: Future readings may be subject to adjustment or 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."
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 all of TC&C Chapter 5.A (pp. 78-79).
Read all of TC&C Chapter 5.B, but skip Kubert (pp. 79-89).
Read all of TC&C 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. (I.e., read 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.
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).
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.
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
42. Transactional Torts
Read TC&C Chapter 27, selected portions regarding intentional economic interference and fraud: pp. 459-463; 471-484; 496-499
PART X: Theory and Policy
43. Theoretical Perspectives on Torts
No reading.
44. Tort Reform
No reading.
APPENDIX 1: Other reading assigned
Discussion about exam techniques
APPENDIX 2: Optional assignments
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, 10/21), 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 in a later class.
The practice exam is This is How We Yodel, People (Fall 2018 version), modified as follows: Do not discuss intentional torts under Question 1.
Use this .DOCX template for your response. If software limitations on your device prevent you from using that template, then see these .PDF instructions.
PRACTICE EXAM, Multiple-Choice Portion (OPTIONAL)
Before class, on your own, you can do the 25-question multiple-choice battery Midwest Mishaps. Then, check your answers here. In class, I will take requests to go over particular questions.
Before you do Midwest Mishaps for practice, you are encouraged to re-review: Tip Sheet on Multiple-Choice Questions [.pdf]