Chart of Assignments
Torts, Fall 2023
Eric E. Johnson, OU Law
SECTION FOUR (course/section 5144-603)
Mondays, Tuesdays & Wednesdays, 3:00 - 4:15 p.m.

Assignments updated as of: November 23, 2023.

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→ Jump ahead to: Week 15.

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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
MONDAY August 21 No 1
1. Welcome, Class Parameters
2. The Place of Torts and a Model Tort
Read all of TC&C Chapter 1 "Basic Concepts."
TUESDAY August 22 No 2
3. Blackletter Overview
Read all of TC&C Chapter 2 "An Overview of Tort Law."
WEDNESDAY August 23 No 3
3. Blackletter Overview (continued)
No new reading.
Week No 2
MONDAY August 28 No 4
1. Welcome, Class Parameters, continued
The syllabus was posted last week. If you haven't already read it, be sure to have read it by today.
3. Blackletter Overview, continued
Read all of TC&C Chapter 3, "Introduction to Negligence."
TUESDAY August 29 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."
WEDNESDAY August 30 No 6
3. Blackletter Overview, continued
No new reading on this for today.
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
MONDAY September 4
Labor Day. No class today.
TUESDAY September 5 No 7
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).
WEDNESDAY September 6 No 8
6. Determining Breach, in General, continued
Read Edwards: Howard v. Collins & Aikman (pp. 131-158).
Week No 4
MONDAY September 11 No 9
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.)
Hey there! Pro tip: Coming up soon -- almost certainly next week -- you'll be assigned to watch the movie "A Civil Action" (1998, written and directed by Steven Zaillian). There are multiple copies on DVD on reserve in the library, and it also may be available by streaming. If it's more convenient and fun to watch the movie further in advance, go ahead and do so.
TUESDAY September 12 No 10
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).
WEDNESDAY September 13 No 11
10. Res Ipsa Loquitur
Read TC&C Chapter 6 §G (pp.217-229).
11. Special Rules for Land Conditions and Bailments
No reading.
Week No 5
MONDAY September 18 No 12
11. Special Rules for Land Conditions and Bailments, continued
Still no reading on this topic.
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
TUESDAY September 19 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).
WEDNESDAY September 20 No 14
15. Proximate Causation Basics
Read TC&C Chapter 8 §§A-D; pp. 315-338.
Week No 6
MONDAY September 25 No 15
15. Proximate Causation Basics, continued
Re-review TC&C Chapter 8 §§A-D; pp. 315-338.
TUESDAY September 26 No 16
16. Various Tests for Proximate Causation
Read TC&C Chapter 8 §E; pp. 338-352.
WEDNESDAY September 27 No 17
17. Existence of an Injury
Read TC&C Chapter 9, but skip Herskovits and the questions addressing Herskovits; pp. 353-355, 364-369.
Week No 7
MONDAY October 2 No 18
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).
TUESDAY October 3 No 19
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.
WEDNESDAY October 4 No 20
20. Professional Negligence / Medical Malpractice and Medical Battery
Read TC&C Chapter 11 §A–C; pp. 420-433.
Week No 8
MONDAY October 9 No 21
20. Professional Negligence / Medical Malpractice and Medical Battery, continued
Read Edwards: Sawyer v. St. Joseph’s Hospital, pp. 1-6(except last ¶), 9(last ¶)–14(§ break), 17-48.
TUESDAY October 10 No 22
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.
WEDNESDAY October 11 No 23
22. Strict Liability
Read TC&C Chapter 13 §A–E; pp. 29–51.
Week No 9
MONDAY October 16 No 24
22. Strict Liability, continued
Read TC&C Chapter 13 §G–H; pp. 68–80.
TUESDAY October 17 No 25
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 (but don't worry about the "Hot Water" problem until tomorrow).
WEDNESDAY October 18 No 26
23. Products Liability, continued
Prepare answers to the “Hot Water” problem in TC&C Chapter 14, pp. 121–122.
Special Topic: Essay Exam Technique and Working Through a Negligence Problem
In class, we'll talk about framing an essay answer to a negligence problem, with special emphasis on the role of causation in setting out the analysis of a prima facie case.
Week No 10
Hey there! Since we discussed essay exam technique on 10/18, why not get your feet wet by playing around with an old essay exam from my Exam Archive?

There's so many old essay exams there, you'll likely never get through them all anyway!

So why not pick up one of the older essay exams and do a half hour or so of low-stakes practice? You could do some outlining of a response and draft a paragraph or two of a partial response. (I've decided we'll use "Panic at the Telescope" for a practice midterm, so just avoid that one for now.)

Giving it a bit of a go right now may help lower some anxiety over the longer term. It also may make your current reading and other studying more effective if you better understand the end goal.
MONDAY October 23 No 27
23. Products Liability, continued
We will discuss answers to the “Hot Water” problem in TC&C Chapter 14, pp. 121–122 (held over from last week).
Read Edwards: Lakey v. Sta-Rite, 178-220, 222-230.
TUESDAY October 24 No 28
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.
WEDNESDAY October 25 No 29
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
Week No 11
MONDAY October 30 No 30
26. False Imprisonment
Please re-review TC&C Chapter 18, but skip all cases; pp. 155-160.
27. Intentional Infliction of Emotional Distress (Outrage)
Please re-review TC&C Chapter 18, but skip Dzamko; pp. 177-189, 194
TUESDAY October 31 No 31
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.
WEDNESDAY November 1 No 32
29. Trespass to Chattels and Conversion
Read TC&C Chapter 20 §A, §B, §D and §E; pp. 210-213, 227-250
Week No 12
MONDAY November 6 No 33
29. Trespass to Chattels and Conversion, continued
No new reading.
No-assigned-reading topics
We will cover topics without assigned reading, which may include: 35. Immunities and Tort Liability of the Government; 37. Insurance; 40. Privacy Torts; 44. Tort Reform
TUESDAY November 7 No 34
No-assigned-reading topics
We will cover topics without assigned reading, which may include: 35. Immunities and Tort Liability of the Government; 37. Insurance; 40. Privacy Torts; 44. Tort Reform
WEDNESDAY November 8 No 35
No-assigned-reading topics
We will cover topics without assigned reading, which may include: 35. Immunities and Tort Liability of the Government; 37. Insurance; 40. Privacy Torts; 44. Tort Reform
THURSDAY November 9
You can turn in the practice essay exam response any time during business hours today. The labelled receiving box will be in Faculty Support. See below.
FRIDAY November 10
PRACTICE EXAM, Essay Portion (OPTIONAL; HAS NO EFFECT ON GRADING)
You can do the essay response for the practice exam (as described immediately below) and turn it in on paper by 4:30 p.m. to the labelled receiving box in Faculty Support on the third floor of the law school.
This is entirely optional and does not figure into grading in any way.
If you turn in a response, it must be printed one-sided on white, 8.5 by 11 inch paper, and there must be no staple, paper clip, envelope, or other fastener or holder. Use this DOCX template for your response. If you can't use the template, see these PDF instructions.
If you do the practice exam, please limit yourself to one hour and 45 minutes, 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.
Before you do the practice exam, you are strongly encouraged to read:
Tip Sheet on Exam Writing [webpage]
Three Examples of Exam Writing [.pdf]
The practice exam is questions 1, 2, and 3 of Panic at the Telescope.
NOTE RE QUESTION ONE: This question involves some material we haven't covered yet. So you can either of the following: (1) Answer based on what we've covered to this point, in which case assume the GG estate has all the claims that GG would have and skip analyzing compensatory damages, or (2) just before you do the exam, read ahead a little bit -- about 5 pages in total -- taking in the the expository text in Ch. 23 A., B., & C., Ch. 26 A., B. & C., which is on pp. 317-319, 333-334, 423-425, & 433-434.
NOTE RE QUESTION TWO: This question also involves some material we haven't covered yet. So you can either of the following: (1) Answer based on what we've covered to this point, in which case assume the GG estate has all the claims that GG would have and skip addressing issues of indemnification and contribution, or (2) just before you do the exam, read ahead a little bit -- about 3 pages in total -- taking in the the expository text in Ch. 25 G. & H., which is on pp. 406-409.
Week No 13
MONDAY November 13 No 36
For anyone who hasn't done the practice essay exam yet, you can turn in a copy today, Monday, November 13, by 9:30 a.m. to Faculty Support, if you like. See the above requirements and details. I can't guarantee I'll be able to review it prior to class, but I will give it a quick review if I can.

PRACTICE ESSAY EXAM DISCUSSION AND REVIEW
Today in class we will discuss the practice essay exam.
Before class: if you didn't turn in a practice essay response to "Panic at the Telescope," please review the essay booklet and try your hand at outlining a response to questions 1-3, skipping the aspects delineated above.
In class: I will give group feedback on the optional practice essay responses I received. I can also take questions.
30. 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
TUESDAY November 14 No 37
30. Defenses to Intentional Torts, continued
No new reading.
31. General Issues in Remedies
Read all of TC&C Chapter 22; pp. 302-316, but skip Problem: Injunction on Ivan on page 314.
WEDNESDAY November 15 No 38
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).
PRACTICE MULTIPLE CHOICE EXAM DISCUSSION AND REVIEW
Today in class we will discuss the multiple choice portion of the practice exam.
Before class: Please read: Tip Sheet on Multiple-Choice Questions [.pdf]. Then please do the Midwest Mishaps multiple choice questions, limiting yourself to 60 minutes. Then take a look at the correct answers.
In class: I will go over any of these multiple-choice questions on request.
Week No 14
MONDAY November 20 No 39
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
TUESDAY November 21 No 40
36. Thresholds of Life
Read TC&C Chapter 26, portion over pp. 423-435
39. Defamation
Read TC&C Chapter 28 portion over pp. 509-522
WEDNESDAY November 22
Thanksgiving's Eve.
No class today.
If you'll be on the road, wishing you smooth travels!
Week No 15
MONDAY November 27 No 41
39. Defamation (continued)
No new reading.
36. Thresholds of Life     40. Privacy Torts     41. Right of Publicity     42. Transactional Torts
I will provide very brief highlights of these topics. No reading.
WUESDAY November 28 No 42
[N.B.: It's a Tuesday, but classes follow a Wednesday schedule.]
Review
If you have multiple-choice questions you'd like me to go over, bring your requests to class.
THREDNESDAY November 29
No Torts class!
[N.B.: It's a Wednesday, but classes follow a Thursday schedule.]



Topic by Topic:
Note: Future readings listed here are set.

PART I: Preliminaries
1. Welcome, Class Parameters
Read the syllabus once it is posted.
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."
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 Loquitur
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
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.
Read Edwards: Sawyer v. St. Joseph’s Hospital, pp. 1-6(except last ¶), 9(last ¶)–14(§ break), 17-48.
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, 227-250
30. 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
31. General Issues in Remedies
Read all of TC&C Chapter 22; pp. 302-316, but skip Problem: Injunction on Ivan on page 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
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. 423-435
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 portion over pp. 509-522
40. Privacy Torts
No reading for this topic.
41. Right of Publicity
No reading for this topic.
42. Transactional Torts
No reading for this topic.
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
Read Tip Sheet on Multiple-Choice Questions [.pdf]
Read Tip Sheet on Exam Writing [webpage]
Read Three Examples of Exam Writing [.pdf]
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]




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