Basic Information on Professor Eaton s Torts Class (Section Y) Fall 2017

Transcription

1 Basic Information on Professor Eaton s Torts Class (Section Y) Fall Required Text: Prosser, Wade and Schwartz s Torts Cases and Materials (13 th edition 2015) (PWS); Required Text: The American Law Institute, A Concise Restatement of Torts, Third Edition (2013) (R/S) Other Secondary Sources: Dan Dobbs et. al., The Law of Torts (2d ed. 2016); Prosser & Keeton, Torts (5 th edition); Restatement of Torts (all on reserve in the library) 2 Classroom Expectations A B C Be prepared to discuss the assigned materials in detail; prepare written briefs of cases; make sure your brief includes a summary of the procedural posture of the case (I will explain what this means in class); also, ask yourself why is this case in the book? no cell phones, beepers etc. If any electronic device goes off in class, please gather your materials and leave I will try and stay on track with the assignments posted in the Syllabus below, but sometimes class discussion will dictate revisions. 3 Exams and Grading A B C D Your grade will be based primarily on your performance on the final exam. Class participation is factored in when drawing the lines necessary to comply with the Law School s mandatory grade curve. Historically, class participation has affected the final grades of approximately 10% of the class. My exams tend to be of the fact pattern variety. Old exams are available in the library. These exams will not be identical to the exam you will take since Torts has been revised from a two semester six hour course to a one semester four hour course. I will distribute a practice exam question that will be graded by my teaching assistant. I allow (indeed encourage), but do not require students to type their exams on computers. If you wish to avail yourself of this option, you will need to register for special exam software. You will receive more information about this later in the semester. You will be permitted to use your required text, materials distributed by me, and any class notes or outlines that you personally prepare. You may not use any photocopied or downloaded materials other than those provided by me. You cannot use class notes taken or an outline prepared by anyone other than yourself.

2 Torts Syllabus Fall Semester 2017 Class # Topic Assigned readings INTRODUCTION AND INTENTIONAL TORTS 1 Introduction PWS pp. 1-4; Torts and Compensation Chapter 1 (Dobbs) (on e-reserve) 2 Intent PWS pp ; R/S Chap. 2, 1; Torts and Compensation Chapter 2 (Dobbs) (on e- reserve) 3 Intent PWS pp ; R/S Chap. 2 13, 16 4 Intent PWS pp ; 5 Battery/touch PWS pp ; R/S Chap 2, 13 and 18 6 Assault PWS pp ; R/S 21, 22, 30, 31; When is Speech Violence? (E-reserve) 7 False Imprisonment PWS pp ; 51-53; R/S Chap. 2, IIED PWS pp ; Jones v. Clinton (e-reserve); R/S Chap. 13, Consent PWS pp ; R/S Chap. 4, Consent PWS pp ; Elkington v. Foust (ereserve); R/S Chap. 4, Consent Review prior materials 12 Self-Defense/Others PWS pp ; Self-Defense Materials (e-reserve); R/S Chap. 4, 63, 65, Defense of Property PWS pp ; R/S Chap 4, 77, 84, 85 NEGLIGENCE: WHAT IS REASONABLE CONDUCT? 14 Reasonable Person PWS pp ; R/S Chap. 5, 3, 9,12, 13

3 15 Children/Disability PWS pp ; R/S Chap. 5, Costs and benefits PWS pp ; Review R/S Chap. 5, 3 17 Economic Analysis Law and Economic Readings (e-reserve) 18 Professionals (Malpractice) PWS pp Expert Witnesses PWS pp ; MCG Health Inc. v. Barton (expert witness) and O.C.G.A (e-reserve) 20 Informed Consent PWS pp ; O.C.G.A and (e-reserve) 21 Violation of Statues PWS pp ; R/S Chap. 5, 14, Excuses/Procedure PWS pp ; R/S Chap. 5, Res Ipsa Loquitur PWS pp ; pp ; R/S Chap. 5, 17 WHEN IS UNREASONABLE CONDUCT A CAUSE OF HARM? 24 The Basic But For Test PWS pp ; R/S Chap Lost Chance PWS pp ; Falcon v. Memorial Hosp. (e-reserve); R/S Chap 8, 26, comment n 26 Causation Con t MCG Health Inc. v. Barton (causation) (ereserve); PWS pp ; R/S Chap. 8, Who Done It? PWS pp ; R/S Chap. 8, 28 THE SCOPE OF LIABILITY: PROXIMATE CAUSE 28 The Search for Limits PWS pp ; ; R/S Chap. 9, Prox Cause Con t PWS pp ; Thin Skull and Rescuers PWS pp ; ; R/S Chap. 9, 31, Intervening Forces PWS pp ; R/S, Chap. 9, 34-36

4 SPECIAL RULES FOR SPECIAL CASES 32 Affirmative Duties PWS pp ; A Theory of Strict Liability (Epstein) (e-reserve); R/S Chap. 11, Exceptions PWS pp ; R/S Chap. 11, Economic Loss PWS pp Emotional Distress PWS pp ; Lee v. State Farm Mut. Ins. Co. (e-reserve) 36 Possessors of Land (off premise injuries) PWS pp ; Sprecher v. Adamson (e-reserve) R/S Chap. 12, 49, Possessors of Land (on premise injuries) PWS pp ; R/S Chap. 12, Other cases, Merging, and Lessors PWS pp ; R/S Chap. 12, Negligent Security PWS pp ; Bayshore Co. v. Pruitt AFFIRMATIVE DEFENSES 40 Contributory Negligence and LCC PWS pp ; R/S Chap. 10, 3 41 Comparative Negligence/Fault PWS pp ; R/S Chap 10, 8 42 Statutes and Problems Comparative Fault Statute (e-reserve) 43 Assumption of Risk PWS pp ; Crews v. Hollenback (e-reserve); R/S Chap. 10, 2 44 Implied A/R and Comp. Fault PWS pp ; Monk v. VI Water & Power (e-reserve) MULTIPLE DEFENDANT ISSUES: WHO OWES HOW MUCH? 45 Joint and Several Liability PWS pp ; R/S Chap. 18, 10, 11, 15

5 46 Contribution and Indemnity PWS pp ; R/S Chap. 18, 22, Settlements PWS pp Statues and Problems Problems in Multi-Defendant Litigation (e-reserve) 49 Apportionment in Georgia Who Owes How Much? (e-reserve) DAMAGES 50 Compensatory Damages PWS pp Compensatory Damages Con t Review prior material; add pp Property and Punitive Damages PWS pp Punitive Damages Con t PWS pp Wrongful Death ans Survivorship PWS Chapter 11