Law 110, Section 004 Robert Leider Torts Office: Hazel Hall 307 Hazel Hall Office Hours: Tuesday, 8:00 PM to TR: 6:00-7:50 PM 9:00 PM, and by appointment Fall Semester: E-mail: rleider@gmu.edu August 20 through November 27 Exam: Monday, Dec. 10 at 6:00 PM A tort, crooked or wrong, signifieth injurie. Edward Coke Overview: Torts is that branch of law concerning the redress of private wrongs. These wrongs may violate the private rights of individuals, such as a person s right to bodily integrity. Or they may breach the rights of the whole community but cause special damage to particular individuals. Torts, however, is generally not concerned with the breach of private duties voluntarily undertaken, which is left to contract law. This class is an introduction to the basic principles of tort law. During our first week, we will begin with a brief overview of tort law. Why do we have tort law? Is tort law primarily apportioning the cost of accidents? Or is tort law about redressing wrongdoing? Relatedly, what is the role of fault in torts? (We will ask these questions throughout the semester.) We will also briefly examine historical common law tort procedure (the forms of action). Although these forms are no longer used today, a basic understanding of them will help us understand the role that fault plays in intentional torts and negligence. After this introduction, we will study tort doctrine, beginning with intentional torts. Intentional torts are perhaps the most serious kinds of wrongdoing, and many intentional torts are also crimes. Among other things, we will study battery, assault, and false imprisonment. We will also examine justifications and defenses, including necessity and self-defense. Next, we will study the law of negligence, which arguably dominates tort law today. We will examine the basic elements of a negligence action: duty, breach, causation (cause-in-fact), proximate causation/limitation of liability, and damage. We will also study how damages are calculated, especially when the plaintiff may be partially at fault for the harm he has suffered. Finally, we will study circumstances in which tort law does not require proof of fault. Primarily, we will look at vicarious liability, strict liability, and products liability in tort law. These branches of tort law authorize a plaintiff to recover even if the defendant did not culpably breach a legal duty. We will end by studying workman s compensation law and no-fault motor vehicle accident insurance law, which are statutory schemes that have partially supplanted tort law.
Requirements: 1. A midterm examination (multiple choice) (35%) 2. A final examination (part multiple choice, part essay) (65%) 3. Class participation (discretionary 1/3 grade) Books for Class: 1. Farnsworth & Grady, Torts (2d ed. 2009) 2. Other readings will either be handed out during class or posted on Blackboard. Office Hours: Office hours will be after class on Tuesday, from 8:00 PM until 9:00 PM. I am also liberally available by appointment, especially in the afternoons or evenings. To schedule appointments, please e-mail me. And as exam time approaches, please come to see me whenever you need to. Attendance: Attendance is mandatory. The ABA prohibits students who miss more than 20% of classes from taking the exam. Unfortunately, we will need to have a few make up classes this semester. It is impossible to accommodate everyone s schedule. For those classes, I will make necessary adjustments. You are required to attend/view the lectures in some form. Electronics Policy: The use of computers or other electronic devices in class is prohibited. Studies have shown that students who use computers during class do not learn as well. It is also strictly forbidden to record (video or audio) any of the lectures. Academic Integrity: An important part of practicing law is having honor and integrity. Scalia Law School has adopted an honor code, which is available on the Honor Committee s website (https://sls.gmu.edu/honor/). Students are prohibited from lying, cheating, or stealing, being an accomplice or accessory to someone else who is cheating, bringing a prohibited material or device to an exam, or failing to report an honor code violation if the person has reasonable cause to believe that a violation has occurred. All exams in this class will be closed book. You may not bring your textbook, access the Internet, bring notes, or have another aid of any kind. The only things that you should bring to your exam is your word processor or pen and paper. Cheating often occurs as an act of desperation by those who do not understand the material or have competing pressures preventing studying. The best way to prevent the temptation to cheat is to stay up to date on your assignments. If you have personal circumstances putting you under undue pressure, you should speak to me about your situation as soon as possible before the exam. You are also strongly encouraged to ask me (or a member of the Honor Committee) if any questions arise. 2
Disability Accommodations: George Mason University s Office of Disability Services provides for the reasonable accommodation of students with disabilities. If you need an accommodation, please coordinate with that office. Modifications of the Syllabus: The goal of this class is for you to learn the basic principles of tort law. I reserve the right to modify the syllabus (including adding exams or quizzes) if I believe it is necessary to facilitate learning. 8/16 No class. Class rescheduled for law & economics lecture Foundations of Tort Law 8/20-8/21 Course Introduction and the Role of Fault in Torts Goldberg & Zipursky, Torts as Wrongs, 917 953 (Blackboard) Keating, Is There Really No Liability Without Fault? (Blackboard) Calabresi, Some Thoughts on Risk Distribution and the Law of Torts, 499 507, 528 534 (Blackboard) Rylands v. Fletcher, Farnsworth & Grady, 406 416 8/23 Trespass versus Trespass on the Case Farnsworth & Grady, Introduction, xxxv xlviii Koffler & Reppy, Common Law Pleading, 8 12 (introduction), 151-72 (trespass), 173 205 (trespass on the case) (Note: sections marked with an X do not need to be read) (Blackboard) Intentional Torts 8/28 Assault and Battery Farnsworth & Grady, 1 29, 64 70 I de S. (Blackboard) 8/30 False Imprisonment, Malicious Prosecution, and Abuse of Process; Justification and the Law of Arrest Farnsworth & Grady, 55 64 Restatement (Second) of Torts 653, 682 9/4 Intentional Infliction of Emotional Distress Farnsworth & Grady, 70 84 9/6, 9/11 Trespass to Land, Trespass to Chattels, Conversion, Nuisance Farnsworth & Grady, 29 54 Farnsworth & Grady, 749 765 Intel v. Hamidi, 71 P.3d 296 (Cal. 2003) (Blackboard or Westlaw) 3
9/13 Misrepresentation Nader v. Allegheny Airlines, Inc., 445 F. Supp. 168 (D.D.C. 1978) Clark v. McDaniel, 546 N.W.2d 590 (Iowa 1996) Tietsworth v. Harley-Davidson, Inc., 270 N.W.2d 233 (Wis. 2004) Morgan v. Celender, 780 F. Supp. 307 (W.D. Pa. 1992) Restatement (Second) of Torts 525, 529, 551 Note: if time, we may start intentional tort defenses (next class) 9/18 Class rescheduled. TBD. 9/XX Intentional Torts Defenses (e.g., self-defense, necessity) Farnsworth & Grady, 85 120 Negligence 9/20, 9/27 The Standard of Care: the Reasonable Person Farnsworth & Grady, 122 158 (We will begin the reading for this on 9/20; we will pick it back up after the midterm.) 9/25 Midterm Examination Multiple choice. This will cover any material assigned through intentional torts. No negligence. 10/2-10/4 Special Standards (Class will meet in a different room on October 4) Farnsworth & Grady, 158 217 10/9 Designated Monday. No Class. 10/11 Special Duty Rules Farnsworth & Grady, 217 236; 241-255; skim 255-272 (land liability) 10/16 Limitations on Duty Farnsworth & Grady, 280 305 10/18 Cause-in-Fact and Alternative Liability Farnsworth & Grady, 307 350 10/23 Proximate Causation Farnsworth & Grady, 351 68, 378 93 10/25 Intervening Causes Farnsworth & Grady, 368 78 Also complete any discussion of proximate causation from 10/4 4
10/30 Defenses: Contributory and Comparative Negligence Farnsworth & Grady, 571 587 11/1 Assumption of Risk Farnsworth & Grady, 587 611 11/6 Damages Farnsworth & Grady, 517 526; 538 552; 555 558 Strict Liability 11/8 Abnormally Dangerous Activities Farnsworth & Grady, 416 433, 396 406 (liability for animals) 11/13 Vicarious Liability: Respondeat Superior and Children Farnsworth & Grady, 433 448 Supplemental reading on children s liability (Blackboard or Westlaw; to be assigned) 11/15, 11/20 Products Liability Farnsworth & Grady, 449 515 11/22 Thanksgiving. No class. 11/27 Statutory Replacements: Workman s Compensation and No-Fault Insurance Diamond, Torts, 657 694 12/10 FINAL EXAM, 6:00 PM 5