TORTS I
FALL 2005
SECTION THREE
PROFESSOR RICHTER
Welcome to Torts I. Torts is the study of the private remedies created by our
legal system when one individual or entity causes harm to another, either
intentionally or accidentally. As such, the law of Torts is consistently front and
center in the news and deals with issues that are vigorously debated by politicians,
scholars, and citizens alike. Each one of you already knows something about the
law of Torts. This semester, we will examine the concepts, policies, and processes
underlying the law of Torts to enable you to understand and utilize them as a
lawyer.
A.
CLASS PREPARATION AND PARTICIPATION
Please carefully prepare all assigned reading and problems prior to class. I
expect you to prepare a written brief for each case assigned. From time to time, I
will also ask you to prepare a written answer for problems in the casebook. If the
syllabus does not specifically direct you to prepare a written response for a
problem contained within an assigned reading, please review the problem and be
familiar with the issues presented in the event that they are relevant to our class
discussion. I also expect you to be prepared to discuss all text in an assigned
reading preceding and following the cases and problems. Careful class preparation
will greatly improve your ability to understand the material as we cover it in class,
as well as your ability to contribute to class discussion. There is no “pass” policy
in this course and students will be expected to present cases and contribute to the
discussion when asked to do so.
B.
ATTENDANCE POLICY
Please be on time and prepared to participate at the beginning of each class.
I expect you to sign in for each class on a daily roll sheet to show your attendance.
Please be advised that signing on behalf of another student or signing in for a class
you do not attend constitutes a violation of the College of Law Honor Code. The
single best way to ensure that you will learn the material covered in this course and
that you will be prepared for the final exam is to come to class regularly with
assigned materials prepared. Therefore, I strongly recommend that you make
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attendance a priority. That being said, you may miss four (4) class days during the
semester without repercussion for any reason. A student who is late to class may
be counted as absent for that class period. After four absences, a student will be
subject to having his or her grade lowered one grade point (i.e., from a “B” to a “B”) for each subsequent absence. In addition, I reserve the right to drop you from
the course for excessive absences. You will be responsible for keeping track of
your number of absences throughout the semester as my records may not be
updated until the end of the semester.
C.
EXAM
Your grade in this course will depend primarily upon a closed book final
examination. The final exam will be held on Saturday, December 10 at 2:00 PM.
The exam will be based on material that we cover during class and all assigned
readings. Recommended reading may be helpful to your understanding of the
material covered in class, but will not specifically be included on the final exam.
Although the final exam will be the primary basis for your grade in this course,
class attendance and preparation may be considered, in my discretion, in raising or
lowering the final course grade as indicated above.
D.
OFFICE HOURS
I will hold office hours on Wednesday and Friday from 2:00 p.m. to 3:00
p.m..
E.
DISABILITY POLICY
Any student who has a disability that may prevent him or her from fully
demonstrating his or her abilities, should contact the Registrar or the
Associate Dean for Academics at the College of Law as soon as possible.
That office will advise that person on the procedure for obtaining any
accommodation required to make the most of his/her education opportunity.
Students with disabilities must be registered with the Office of Disability
Services prior to receiving accommodations in any course. The Office of
Disability Services is located in the Goddard Health Center and their
telephone number is 325-3852.
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F.
ASSIGNED AND RECOMMENDED TEXTS AND READINGS
The assigned text for this class is James A. Henderson, Richard N. Pearson,
and John A. Siliciano, The Torts Process (Aspen 6th ed. 2003). I may assign
supplemental readings and materials from time to time throughout the semester.
Although they will not be assigned reading, you may also find the following books
helpful in studying the material that we will cover this semester:
1.
Abraham, The Forms and Functions of Tort Law (Foundation Press
1997).
2.
W. Page Keeton, et al., Prosser and Keeton on Torts (West Hornbook
Series, 5th ed. 1984).
3.
Dan B. Dobbs, The Law of Torts (West Hornbook Series 2000).
This syllabus describes the general topics that we will cover and sets forth
the reading assignments for each chapter in the text that we will cover during the
first seven (7) weeks of the semester. I will distribute the reading assignments for
the second half of the semester as it approaches. These assignments reflect the
pace at which I want you to do the reading as the semester progresses but do not
necessarily reflect the precise pace at which our class discussions will proceed.
Some days, particularly early in the semester, we will only cover one case and will
not finish the entire assigned reading for that particular session. Even later in the
semester, certain cases or problems may spark a particularly interesting discussion
which will prevent us from covering all of the assigned reading for the day.
Nevertheless, please be prepared on the remaining material for that day, as well as
the next assignment on the syllabus, for the next class session unless I advise you
otherwise.
WEEK ONE
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August 23
Chapter One: Read pp. 1-19. Review Restatement Second
§§ 13 and 18 on p.11. Be prepared to discuss Vosburg v.
Putney.
August 24
Read Vosburg v. Putney again. Prepare a brief of the case.
August 25
Read pp. 19-28; prepare a brief of Garratt v. Dailey.
August 26
Discussion of Garratt v. Dailey continued. Prepare a written
response to Problem 1 on p. 25-26. .
WEEK TWO
August 30
Read pp. 28-38. Review Restatement Second §§ 15 and 19.
Brief Fisher v. Carrousel Motor Hotel and Leichtman v. WLW
Jacor Communications, Inc..
August 31
Read pp. 653-657; Offensive Battery and Assault. Brief Read
v. Coker and Beach v. Hancock..
September 1
Read pp. 657-661; False Imprisonment. Review Restatement
Second § 35. Brief Whittaker v. Sanford and Rougeau v.
Firestone Tire & Rubber Co..
September 2
Read pp. 661-665; False Imprisonment continued. Brief Sindle
v. New York City Transit Authority, and Coblyn v. Kennedy’s,
Inc.
WEEK THREE
September 6
Read pp. 665-676; Intentional Infliction of Mental Upset.
Review Restatement Second § 46 and comment d. Brief State
Rubbish Collectors Association v. Siliznoff and Samms v.
Eccles.
September 7
Read pp.676-684; Intentional Infliction of Mental Upset
continued. Brief Taylor v. Metzger and Logan v. Sears
Roebuck & Co..
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September 8
Read pp. 684-694; Intentional Infliction of Mental Upset
continued. Brief Ford v. Revlon, Inc. and Jones v. Clinton.
September 9
Read pp. 38-49; Privileges: Consent. Brief O’Brien v. Cunard
Steamship Co. and Barton v. Bee Line, Inc.. Prepare a written
analysis of Problem 2 on pp. 41-42. In addition to considering
the viability of criminal charges or a private suit by Alice
Trudlow against Jennings, pay close attention to the ethical and
policy issues presented by this fact pattern.
WEEK FOUR
September 13
Read pp. 49-58. Privileges: Consent continued. Brief Bang v.
Charles T. Miller Hospital and Kennedy v. Parrott. Review
Restatement Second § 892D regarding Emergency Action
Without Consent on p. 56.
September 14
Read pp. 58-65. Brief Hackbart v. Cincinnati Bengals. Inc..
September 15
Read pp. 65-75; Privileges: Self-defense. Review Restatement
Second §§ 63, 65, and 70 on pp. 65-66. Prepare a written
analysis of Problem 3 on pp. 67-70 of no more than 3 pages.
Brief Courvoisier v. Raymond.
September 16
Self-defense continued. Read pp. 75-79. Be prepared to discuss
Problem 4 on p. 76.
WEEK FIVE
September 20
Read pp. 79-88; Privileges: Defense of Property. Review
Restatement Second §§ 77 and 79 on pp. 79-80. Brief Katko v.
Briney.
September 21
Read pp. 88-99; Privileges: Necessity and Miscellaneous
Privileges. Brief Ploof v. Putnam and Vincent v. Lake Erie
Transportation Co. Be prepared to discuss Problem 5 on p. 93.
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September 22
Read pp. 101-109; Actual Causation: specific causation. Brief
Hoyt v. Jeffers and Smith v. Rapid Transit Inc.
September 23
Read pp. 110-116: general Causation. Be prepared to discuss
Problem 6 on pp. 112-114 .
WEEK SIX
September 27
Read pp. 116-122 Actual Causation: Alternative Liability.
Brief Summers v. Tice and Ybarra v. Spangard.
September 28
Read pp. 122-130. Carefully review Problem 7. Prepare a
written analysis of Problem 7 of no more than three pages
incorporating all the relevant background information provided
about the Carrington’s case.
September 29
Read pp. 131-135Actual Causation: Concurrent and Successive
Causation. Brief Dillon v. Twin State Gas & Electric and
Kingston v. Chicago & N.W. Ry.. Be prepared to discuss
Problem 9 on pp. 134-135.
September 30
Read pp. 135-145: Vicarious Liability. Be prepared to discuss
Problem 10 on pp. 143-144.
WEEK SEVEN
October 4
Read pp.147-160. Negligence: The Origins and Development
of the Negligence Concept and The General Standard. Brief
Brown v. Kendall and United States v. Carroll Towing Co..
Carefully consider Restatement Second §§ 291, 292, and 293
on pp. 159-160.
October 5
Read pp. 161-163. Review Problem 11 and fill in the
appropriate values in Columns 5 and 6 on page 162.
October 6
Read pp. 163-175. Brief Washington v. Louisiana Power and
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Light Co. and Weirum v. RKO General, Inc..
October 7
Read pp. 175-181. Negligence: Special Rules Governing Proof of
Negligence, Violation of Criminal Statutes. Brief Martin v.
Herzog and Tedla v. Ellman.
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