Chart of Assignments
Torts, Fall 2026
Eric E. Johnson, OU Law

Assignments updated as of: November 10, 2026

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Casebook files:
Torts Cases & Context (Conic 3.β Edition), Volume One [PDF] or [DOCX]
Torts Cases & Context (Conic 3.β Edition), Volume Two [PDF] or [DOCX]
Supplement: Proximate Causation: Novak v. Continental Tire [PDF] or [DOCX]
Torts Cases & Context (Conic 3.β Edition), Volume Three [PDF] or [DOCX]
(Note, fwiw: Chapter 25, previously posted by itself as a pdf and docx, had some section numbering issues. Those have been corrected in the Volume 3 document.)

Day by Day:
Week No 1
MONDAY August 24 No 1
0. About the Course
No reading required for this for today.
1. Intentional Tort Claims
Read Packet 1 (pp. 3-12) in Reading Bundle 1 [pdf].
Cases within this day's reading:
  • Garratt v. Dailey
  • Fisher v. Carrousel Motor Hotel
TUESDAY August 25 No 2
1. Intentional Tort Claims, continued
Read Packet 2 (pp. 13-19) in Reading Bundle 1 [pdf].
Cases within this day's reading:
  • Leichtman v. WLW Jacor
  • Bohrmann v. Maine Yankee Atomic Power
WEDNESDAY August 26 No 3
1. Intentional Tort Claims, continued
Read Packet 3 (pp. 21-26) in Reading Bundle 1 [pdf].
Cases within this day's reading:
  • I de S et Ux v. W de S
  • Sousanis v. Northwest Airlines
Week No 2
MONDAY August 31 No 4
0. About the Course, continued
Spend at least one hour reviewing JD Edge's advice and counsel regarding reading, preparing for class, what to expect in class, how classes are taught, etc.
Read A Populist Manifesto for Learning the Law, 60 Journal of Legal Education 41 (2010), available and unpaywalled via SSRN and JLE, or available via Westlaw and Lexis.
TUESDAY September 1 No 5
0. About the Course, continued
Please read the syllabus, if you haven't yet.
1. Intentional Tort Claims to the Person, the Common Law Methodology, and Analytical Fundamentals, continued
Read Chapter 1 (i.e., pp. 30-51) in TCC (Conic 3.Beta Edition), Volume One [pdf].
5. Blackletter Overview
Read Chapter 2 (i.e., pp. 52-61) in TCC (Conic 3.Beta Edition), Volume One [pdf].
WEDNESDAY September 2 No 6
1. Intentional Tort Claims to the Person, the Common Law Methodology, and Analytical Fundamentals, continued
Read Chapter 3, and Chapter 4 §§ A, B, & C.1. (i.e., pp. 63-101) in TCC (Conic 3.Beta Edition), Volume One [pdf].
Cases within this day's reading:
  • Garratt v. Dailey
Week No 3
MONDAY September 7
No class — Labor Day
TUESDAY September 8 No 7
1. Intentional Tort Claims to the Person, the Common Law Methodology, and Analytical Fundamentals, continued
Read the rest of Chapter 4 (i.e., pp. 101-113) in TCC (Conic 3.Beta Edition), Volume One [pdf].
Cases within this day's reading:
  • Fisher v. Carrousel Motor Hotel
  • Leichtman v. WLW Jacor
  • Bohrmann v. Maine Yankee Atomic Power
WEDNESDAY September 9 No 8
1. Intentional Tort Claims to the Person, the Common Law Methodology, and Analytical Fundamentals, continued
Read Chapter 5 (i.e., pp. 114-131) in TCC (Conic 3.Beta Edition), Volume One [pdf].
Cases within this day's reading:
  • I de S et Ux v. W de S
  • He v. Rubio
Week No 4
MONDAY September 14 No 9
1.6. False Imprisonment
Read Chapter 6 (i.e., pp. 132-153) in TCC Conic 3.β V1.
Includes:
  • Sousanis v. Northwest Airlines
  • Problem: Arturo’s Art Project
  • Problem: Shawn’s Shopping Trip
1.7. Intentional Infliction of Emotional Distress
Read Chapter 7 §§ A, B, & C.1 (i.e., pp. 154-166) in TCC Conic 3.β V1.
Includes:
  • Wilson v. Monarch Paper
TUESDAY September 15 No 10
1.7. Intentional Infliction of Emotional Distress, continued
Read Chapter 7 §§ C.2 & D (i.e., pp. 167-172) in TCC Conic 3.β V1.
Includes:
  • Dzamko v. Dossantos
2. Intentional Tort Claims for Property
2.1. Trespass to Land
Read Chapter 8 §§ A, B, C.1, & C.2 (i.e., pp. 173-193) in TCC Conic 3.β V1.
Includes:
  • Hannabalson v. Sessions
  • Cleveland Park Club v. Perry
WEDNESDAY September 16 No 11
2.1. Trespass to Land, continued
Read Chapter 8 §§ C.3 & C.4 (i.e., pp. 193-199) in TCC Conic 3.β V1.
Includes:
  • Boring v. Google
  • Problem: Champagne Whooshes
2.2. Trespass to Chattels and Conversion
Read Chapter 9 §A-C (i.e., pp. 200-213) in TCC Conic 3.β V1.
Includes:
  • Intel v. Hamidi
Week No 5
MONDAY September 21 No 12
2.2. Trespass to Chattels and Conversion, continued
Read Chapter 9 §D to end (i.e., pp. 213-233) and re-review in §§A-C (i.e., pp. 200-213) in TCC Conic 3.β V1.
Includes:
  • Intel v. Hamidi
  • Moore v. U.C. Regents
TUESDAY September 22 No 13
3. Intentional Tort Defenses
3.1. Consent as a Defense to the Intentional Torts
Read Chapter 10 (i.e., pp. 235-265) in TCC Conic 3.β V1.
Includes:
  • Florida Publishing (Florida Times-Union) v. Fletcher
  • Food Lion v. Capital Cities / ABC
  • Koffman v. Garnett
WEDNESDAY September 23 No 14
3.2. Defense Defenses to the Intentional Torts
Read Chapter 11 (i.e., pp. 266-278) in TCC Conic 3.β V1.
Includes:
  • Katko v. Briney
Week No 6
MONDAY September 28 No 15
3.3. Other Defenses to the Intentional Torts
Read Chapter 12 (i.e., pp. 279-322) in TCC Conic 3.β V1.
Includes:
  • Westbrook v. Hutchison ♫
  • Hodgeden v. Hubbard ♫
  • Ploof v. Putnam
  • Vincent v. Lake Erie
  • Surocco v. Geary
TUESDAY September 29 No 16
3.3. Other Defenses to the Intentional Torts, continued
No additional reading for this topic. We'll finish the reading from yesterday.
26. Legal Analysis Basics
No reading for this topic today.
27. Essay Exam Theory
Read Tip Sheet on How to Write a Law School Essay Exam.
Read Three Examples of Exam Writing.
WEDNESDAY September 30 No 17
27. Essay Exam Theory, continued
No additional reading for this topic. We'll finish the reading from yesterday.
We will do an exercise in class. It is strongly recommended that you DO NOT look at it ahead of time. But if you insist, you can here.
4. The Place of Torts and a Model Tort
No reading for today on this topic.
6. Procedural Context for Torts
No reading for today on this topic.
Week No 7
MONDAY October 5 No 18
6.A. Negligence, in General
Read Chapter 13 in TCC Conic 3.β V2.
TUESDAY October 6 No 19
7. When and to Whom a Duty of Care is Owed
Read Chapter 15 §§ A, B, and C in TCC Conic 3.β V2.
Includes:
  • Weirum v. RKO (Super Summer Spectacular / KHJ Radio)
  • DeFilippo v. NBC (Tonight Show / Johnny Carson) ♫
  • McCollum v. CBS (Ozzy Osbourne) ♫
WEDNESDAY October 7 No 20
7. When and to Whom a Duty of Care is Owed, continued
Read Chapter 15 §D and §D (both sections numbered "D") in TCC Conic 3.β V2.
Includes:
  • Peter W. v. San Francisco Unified School District (educational malpractice) ♫
  • Kubert v. Colonna (texting and driving)
  • Boyd v. Racine Currency Exchange (robbery and hostage)
Week No 8
MONDAY October 12 No 21
7. When and to Whom a Duty of Care is Owed, continued
Re-review the Boyd v. Racine Currency Exchange case in Chapter 15 in TCC Conic 3.β V2.
Read Chapter 15 these sections: E.1, E.2, E.4, E.5, E.6, E.7, E.8, and E.9.a in TCC Conic 3.β V2.
Includes:
  • Boyd v. Racine Currency Exchange (robbery and hostage) **continued**
  • South v. Amtrak (train vs. pickup, winter jacket)
  • Swenson v. Waseca Mutual (snowmobile rescue) ♫
TUESDAY October 13 No 22
8. Determining Breach, in General
Read Chapter 16 these sections: A and B in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Rogers v. Retrum (shop teacher, open campus)
  • Vaughan v. Menlove (self-igniting haystack)
(Note: Chapter 16.B., with Vaughan v. Menlove also belongs under Topic 9 ("The Reasonable Person Standard of Care") immediately below. [This note added 11/2.])
WEDNESDAY October 14 No 23
9. The Reasonable Person Standard of Care
Read Chapter 16 these sections: C and D in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Breunig v. American Family Insurance (driver, hallucination)
  • Neumann v. Shlansky ♫
  • Purtle v. Shelton ♫
  • American National Fire Insurance v. Schuss (Connecticut's on-purpose defense) ♫
  • Dairy Road Partners v. Island Insurance (Hawaii's logic) ♫
Week No 9
MONDAY October 19 No 24
9. The Reasonable Person Standard of Care, continued
Re-review Chapter 16 these sections: C and D in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Breunig v. American Family Insurance (driver, hallucination)
  • Neumann v. Shlansky ♫
  • Purtle v. Shelton ♫
  • American National Fire Insurance v. Schuss (Connecticut's on-purpose defense) ♫
  • Dairy Road Partners v. Island Insurance (Hawaii's logic) ♫
10. Negligence Per Se
Read Chapter 17 these sections: A and B.1. thru B.8 plus B.9.a. in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Gorris v. Scott (sheep at sea)
  • Martin v. Herzog (buggy vs. motorcar)
  • Problem: Westbound Walker
TUESDAY October 20 No 25
10. Negligence Per Se, continued
No additional reading for this topic. We'll finish the reading from yesterday.
11. The Role of Custom or Standard Practices
Read Chapter 17 this section: C in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • The T.J. Hooper (tugboat with no radio)
WEDNESDAY October 21 No 26
12. Res Ipsa Loquitur
Read Chapter 18 these sections: A and B in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Byrne v. Boadle (barrel)
  • Fowler v. Seaton (day care)
Week No 10
MONDAY October 26 No 27
13. Special Rules for Land Conditions and Bailments
Read Chapter 18 these sections: C, D.1 thru D.6, D.8, D.9.a, and D.9.e in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Keffe v. Milwaukee & St. Paul Railway (turntable) ♫
  • Ryan v. Towar (water wheel) ♫
  • Problems: Trip to the Cellar, Hard Fall at the Hardware Store, Bow Hunting in the Badlands - Dead Man's Drop
  • Rowland v. Christian, Cal. Civil Code §847 (California reform saga) ♫
14. Actual Causation Basics
Read Chapter 19 these sections: A thru E in TCC Conic 3.β V2 in [PDF] or [DOCX].
TUESDAY October 27 No 28
15. 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 the following Anderson v. Cryovac documents:
Beatrice's trial plan PDF, TXT
Plaintiffs' trial plan PDF, TXT
Includes:
  • Anderson v. Cryovac
WEDNESDAY October 28 No 29
16. Actual Causation Multiplicity Issues
Read Chapter 20 these sections: A thru C, D.1 thru D.3, D.5, and E in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Jarvis v. J.I. Case (backhoe)
  • Kingston v. Chicago & Northwestern Railway (twin fires)
  • Ford Motor Co. v. Boomer (asbestos, cancer) ♫
  • Major v. R.J. Reynolds (cigarettes, cancer) ♫
  • Summers v. Tice (quail, shotguns)
  • Problem: Nighttime Hit and Run
Week No 11
NOTE: We may use some in-class slides (on-monitor presentation content). If so, for accessibility and archiving purposes, that will be posted here the day before. Nevertheless, I suggest as a general matter that you avoid reviewing such presentation content ahead of time. In-class presentation content is meant to be first encountered in class. (For instance, seeing answers to problems ahead of time defeats their teaching/learning value.)
MONDAY November 2 No 30
16. Actual Causation Multiplicity Issues, continued
Re-review Chapter 20 these sections: D.5, and E in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Problem: Nighttime Hit and Run
You are advised: DO NOT LOOK AT THIS presentation before class (posted for accessibility/archival purposes; scroll, or press P for slide mode).
17. Proximate Causation Basics
Read Chapter 21, sections A, B, and C in TCC Conic 3.β V2 in [PDF] or [DOCX].
18. Proximate Causation, Duty, and Palsgraf
Read Chapter 21, section D in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Palsgraf v. Long Island Railroad (fireworks explosion)
TUESDAY November 3 No 31
18. Proximate Causation, Duty, and Palsgraf, continued
If necessary. No new reading.
19. Proximate Causation Tests and Analysis
Read Chapter 21, sections E and F in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • In re Polemis (plank-fall ship fire) ♫
  • Wagon Mound No. 1 (fuel & cotton harbor fire) ♫
  • Berry v. Sugar Notch (tree vs. trolley) ♫
  • Loftus v. Dehail (kids and unfenced pit) ♫
  • Ryan v. New York Central R.R. (railroad fire, "house of Z") ♫
You are advised: DO NOT LOOK AT THIS presentation before class (posted for accessibility/archival purposes; scroll, or press P for slide mode).
WEDNESDAY November 4 No 32
19. Proximate Causation Tests and Analysis, continued
Read Supplement: Proximate Causation: Novak v. Continental Tire in [PDF] or [DOCX].
Includes:
  • Novak v. Continental Tire (tire blowout, scooter crash)
  • Bryant v. Glastetter (tow truck on freeway) ♫
  • Wawanesa Mutual v. Matlock (cigarettes vs. telephone poles) ♫
20. Existence of an Injury
Read Chapter 22, sections A, and B in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Sullivan v. Old Colony Street Railway (trolley off the tracks)
Week No 12
NOTE:
  • I anticipate we will cover some no-reading/lecture-only topics this week where time permits
  • In-class presentation content, if applicable, to be posted the day before
MONDAY November 9 No 33
20. Existence of an Injury, continued
Read Chapter 22, sections C, D, and E in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Herskovits v. Group Health (cough medicine for cancer)
  • People Express Airlines v. Conrail (canceled flights at Newark) ♫
  • Dillon v. Legg (California NIED in 1968) ♫
  • Thing v. La Chusa (California NIED in 1989) ♫
  • Tame v. New South Wales (Australia NIED in 2002) ♫
35. Insurance
No reading. Only if time permitting. (A presentation is pre-posted for accessibility/archival purposes; scroll, or press P for slide mode.)
36. Statutes of Limitation and Repose
No reading. Only if time permitting. (A presentation is pre-posted for accessibility/archival purposes; scroll, or press P for slide mode.)
TUESDAY November 10 No 34
21. Defenses Based on Plaintiff's Negligence
Read Chapter 23, sections A, B, C.1, C.3, C.4, and D in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Davies v. Mann (donkey left fettered in road) ♫
  • Kentucky Revised Statues § 411.182
  • Minnesota Statutes § 604.01
  • Maine Revised Statutes §156
  • Problem: Lorisbarn & Lindern
WEDNESDAY November 11 No 35
23. Strict Liability for Animals and Ultrahazards
Read Chapter 25, sections A through G in TCC Conic 3.β V3 in [PDF] or [DOCX].
Includes:
  • Bard v. Jahnke (bull in the barn)
  • Rylands v. Fletcher (flooded mine)
  • Foster v. Preston Mill (blast rattled mink ranch) ♫
FRIDAY November 13, 4:30 p.m. DEADLINE for Section Four (and preferred deadline for Section One) for turning in optional practice essay exam
This is an opportunity to turn in a practice essay exam. THIS IS TOTALLY OPTIONAL. THIS 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 Faculty Support on the third floor of the law school. Be on the look out for a sign or something providing a particular place for you to drop it off.
Doing the essay response and turning it in is entirely optional and will not count in any manner for your grade.
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 two hours, including the time you spend reading the facts and the questions. 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, 3, 4 (as modified, below) and 5 of Hay, That's Not Safe.
NOTE RE QUESTION FOUR:Delete the words "strict products liability" and substitute the word "negligence" in the question.
NOTES RE IMPORTANCE OF INSTRUCTIONS ON THE QUESTIONS PAGE: Please make sure you read and obey all the instructions on the "QUESTIONS" page of the exam, including the instructions to omit discussion of certain things and the admonitions to limit your discussion to the questions posed and parties specified, as well as to not repeat the exact same analysis when discussing a different party or answering a different question.



Topic by Topic:
About the Course
0. About the Course
Spend at least one hour reviewing JD Edge's advice and counsel regarding reading, preparing for class, what to expect in class, how classes are taught, etc.
Read A Populist Manifesto for Learning the Law, 60 Journal of Legal Education 41 (2010), available and unpaywalled via SSRN and JLE, or available via Westlaw and Lexis.
Please read the syllabus, if you haven't yet.
PART I: Intentional Torts and Basics of the Common Law of Torts
1. Intentional Tort Claims to the Person, the Common Law Methodology, and Analytical Fundamentals
1.1. Initial Exploration
Read Packet 1, 2, & 3 (pp. 3-26) in Reading Bundle 1.
Includes:
  • Garratt v. Dailey
  • Fisher v. Carrousel Motor Hotel
  • Leichtman v. WLW Jacor
  • Bohrmann v. Maine Yankee Atomic Power
  • I de S et Ux v. W de S
  • Sousanis v. Northwest Airlines
1.2. Basic Concepts
Read Chapter 1 (i.e., pp. 30-51) in TCC Conic 3.β V1.
1.3. Intentional Torts in General
Read Chapter 3 (i.e., pp. 63-82) in TCC Conic 3.β V1.
1.4. Battery
Read Chapter 4 (i.e., pp. 83-113) in TCC Conic 3.β V1.
Includes:
  • Garratt v. Dailey
  • Fisher v. Carrousel Motor Hotel
  • Leichtman v. WLW Jacor
  • Bohrmann v. Maine Yankee Atomic Power
1.5. Assault
Read Chapter 5 (i.e., pp. 114-131) in TCC Conic 3.β V1.
Includes:
  • I de S et Ux v. W de S
  • He v. Rubio
1.6. False Imprisonment
Read Chapter 6 (i.e., pp. 132-153) in TCC Conic 3.β V1.
Includes:
  • Sousanis v. Northwest Airlines
  • Problem: Arturo’s Art Project
  • Problem: Shawn’s Shopping Trip
1.7. Intentional Infliction of Emotional Distress
Read Chapter 7 (i.e., pp. 154-172) in TCC Conic 3.β V1.
Includes:
  • Wilson v. Monarch Paper
  • Dzamko v. Dossantos
2. Intentional Tort Claims for Property
2.1. Trespass to Land
Read Chapter 8 (i.e., pp. 173-199) in TCC Conic 3.β V1.
Includes:
  • Hannabalson v. Sessions
  • Cleveland Park Club v. Perry
  • Boring v. Google
  • Problem: Champagne Whooshes
2.2. Trespass to Chattels and Conversion
Read Chapter 9 (i.e., pp. 200-233) in TCC Conic 3.β V1.
Includes:
  • Intel v. Hamidi
  • Moore v. U.C. Regents
3. Intentional Tort Defenses
3.1. Consent as a Defense to the Intentional Torts
Read Chapter 10 (i.e., pp. 235-265) in TCC Conic 3.β V1.
Includes:
  • Florida Publishing (Florida Times-Union) v. Fletcher
  • Food Lion v. Capital Cities / ABC
  • Koffman v. Garnett
3.2. Defense Defenses to the Intentional Torts
Read Chapter 11 (i.e., pp. 266-278) in TCC Conic 3.β V1.
Includes:
  • Katko v. Briney
3.3. Other Defenses to the Intentional Torts
Read Chapter 12 (i.e., pp. 279-322) in TCC Conic 3.β V1.
Includes:
  • Westbrook v. Hutchison ♫
  • Hodgeden v. Hubbard ♫
  • Ploof v. Putnam
  • Vincent v. Lake Erie
  • Surocco v. Geary
4. The Place of Torts and a Model Tort
Relevant reading – assigned elsewhere – is Chapter 1 (i.e., pp. 30-51) and Chapter 2 (i.e., pp. 52-61) in TCC Conic 3.β V1.
5. Blackletter Overview
Read Chapter 2 (i.e., pp. 52-61) in TCC Conic 3.β V1.
6. Procedural Context for Torts
Reading, if any, to be posted
6.A. Negligence, in General
Read Chapter 13 in TCC Conic 3.β V2.
7. When and to Whom a Duty of Care is Owed
Read Chapter 15 §§ A, B, and C in TCC Conic 3.β V2.
Includes:
  • Weirum v. RKO (Super Summer Spectacular / KHJ Radio)
  • DeFilippo v. NBC (Tonight Show / Johnny Carson) ♫
  • McCollum v. CBS (Ozzy Osbourne) ♫
Read Chapter 15 §D and §D. (both sections numbered "D") in TCC Conic 3.β V2.
Includes:
  • Peter W. v. San Francisco Unified School District (educational malpractice) ♫
  • Kubert v. Colonna (texting and driving)
  • Boyd v. Racine Currency Exchange (robbery and hostage)
Read Chapter 15 these sections: E.1, E.2, E.4, E.5, E.6, E.7, E.8, and E.9.a in TCC Conic 3.β V2.
Includes:
  • South v. Amtrak (train vs. pickup, winter jacket)
  • Swenson v. Waseca Mutual (snowmobile rescue) ♫
8. Determining Breach, in General
Read Chapter 16 these sections: A and B in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Rogers v. Retrum (shop teacher, open campus)
  • Vaughan v. Menlove (self-igniting haystack)
9. The Reasonable Person Standard of Care
Read Chapter 16 these sections: C and D in TCC Conic 3.β V2 in [PDF] or [DOCX].
(Chapter 16.B., listed under Topic 8 ("Determining Breach, in General") goes with this topic as well, so I'm listing Menlove again in the case list below.)
Includes:
  • Vaughan v. Menlove (self-igniting haystack)
  • Breunig v. American Family Insurance (driver, hallucination)
  • Neumann v. Shlansky (golf in New York) ♫
  • Purtle v. Shelton (firearms in Arkansas) ♫
  • American National Fire Insurance v. Schuss (Connecticut's on-purpose defense) ♫
  • Dairy Road Partners v. Island Insurance (Hawaii's logic) ♫
10. Negligence Per Se
Read Chapter 17 these sections: A and B.1. thru B.8 plus B.9.a. in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Gorris v. Scott (sheep at sea)
  • Martin v. Herzog (buggy vs. motorcar)
  • Problem: Westbound Walker
11. The Role of Custom or Standard Practices
Read Chapter 17 this section: C in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • The T.J. Hooper (tugboat with no radio)
12. Res Ipsa Loquitur
Read Chapter 18 these sections: A and B in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Byrne v. Boadle (barrel)
  • Fowler v. Seaton (day care)
13. Special Rules for Land Conditions and Bailments
Read Chapter 18 these sections: C, D.1 thru D.6, D.8, D.9.a, and D.9.e in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Keffe v. Milwaukee & St. Paul Railway (turntable) ♫
  • Ryan v. Towar (water wheel) ♫
  • Problems: Trip to the Cellar, Hard Fall at the Hardware Store, Bow Hunting in the Badlands - Dead Man's Drop
  • Rowland v. Christian, Cal. Civil Code §847 (California reform saga) ♫
14. Actual Causation Basics
Read Chapter 19 these sections: A thru E in TCC Conic 3.β V2 in [PDF] or [DOCX].
15. 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 the following Anderson v. Cryovac documents:
Beatrice's trial plan PDF, TXT
Plaintiffs' trial plan PDF, TXT
Includes:
  • Anderson v. Cryovac
16. Actual Causation Multiplicity Issues
Read Chapter 20 these sections: A thru C, D.1 thru D.3, D.5, and E in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Jarvis v. J.I. Case (backhoe)
  • Kingston v. Chicago & Northwestern Railway (twin fires)
  • Ford Motor Co. v. Boomer (asbestos, cancer) ♫
  • Major v. R.J. Reynolds (cigarettes, cancer) ♫
  • Summers v. Tice (quail, shotguns)
  • Problem: Nighttime Hit and Run
You are advised: DO NOT LOOK AT THIS presentation before class (posted for accessibility/archival purposes; scroll, or press P for slide mode).
17. Proximate Causation Basics
Read Chapter 21, sections A, B, and C in TCC Conic 3.β V2 in [PDF] or [DOCX].
18. Proximate Causation, Duty, and Palsgraf
Read Chapter 21, section D in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Palsgraf v. Long Island Railroad (fireworks explosion)
19. Proximate Causation Tests and Analysis
Read Chapter 21, sections E and F in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • In re Polemis (plank-fall ship fire) ♫
  • Wagon Mound No. 1 (fuel & cotton harbor fire) ♫
  • Berry v. Sugar Notch (tree vs. trolley) ♫
  • Loftus v. Dehail (kids and unfenced pit) ♫
  • Ryan v. New York Central R.R. (railroad fire, "house of Z") ♫
You are advised: DO NOT LOOK AT THIS presentation before class (posted for accessibility/archival purposes; scroll, or press P for slide mode).
Read Supplement: Proximate Causation: Novak v. Continental Tire in [PDF] or [DOCX].
Includes:
  • Novak v. Continental Tire (tire blowout, scooter crash)
  • Bryant v. Glastetter (tow truck on freeway) ♫
  • Wawanesa Mutual v. Matlock (cigarettes vs. telephone poles) ♫
20. Existence of an Injury
Read Chapter 22, sections A, and B in TCC Conic 3.β V2 in [PDF] or [DOCX].
Includes:
  • Sullivan v. Old Colony Street Railway (trolley off the tracks)
26. Legal Analysis Basics
Reading, if any, to be posted
27. Essay Exam Theory
Read Tip Sheet on How to Write a Law School Essay Exam.
Read Three Examples of Exam Writing.
We will do an exercise in class. It is strongly recommended that you DO NOT look at it ahead of time. But if you insist, you can here.




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