This lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.
Read moreA plaintiff who voluntarily assumes a risk of harm cannot recover for the negligent or reckless conduct that causes the harm: that is known as assumption of risk. It is a complete defense. This lesson explores the defense, which together with contributory negligence has been part of negligence law for more than a century-and-a-half. The border between the two classic negligence defenses is sometimes confusing, so questions navigate the differences. Also, the lesson considers the continuing vitality of the defense of assumption of risk when contributory negligence is rapidly being replaced by comparative negligence.
Read moreThis lesson is concerned with the liability of occupiers of premises to trespassers on those premises. It begins by considering who is a trespasser for these purposes, before moving on to consider the content of the duty owed by occupiers to trespassers. The special case of child trespassers is given special consideration.
Read moreThis lesson is an exploration of the law of torts enabling a person to obtain compensation for wrongful interference with personal property. The exploration uses the concepts of interests, invasion, conduct and remedy as the vehicles for developing understanding of the cause of action and its operation. Each section of the lesson will focus on one of these components, present the theory, and then give the student an opportunity to apply the theory or explore some of its ramifications.
Read moreThis is the Sixth Edition of Torts: Cases, Principles, and Institutions, a casebook for a one-semester torts course that carves out a distinctive niche in the field by focusing on the institutions and sociology of American tort law.
Read moreThis lesson explores the intentional tort of false imprisonment. Beginning with identification of the interest the tort protects, the questions become more and more challenging as they explore the nature of the confinement necessary and appropriate damages. Since the greatest use of the tort today probably is in arrest for shoplifting, the lesson includes a tightly fact-bound question about a person detained for shoplifting. The lesson concludes with false imprisonment in two tough situations: religious deprogramming and nursing home confinement.
Read moreThis lesson explores an intentional tort that is one of the most recent torts to emerge, one of the most commonly pleaded today, and one that is still evolving. The tort is most commonly called intentional infliction of mental distress; sometimes courts call it intentional infliction of emotional distress, or simply outrage.
Read moreThis lesson deals with liability for defectively manufactured products. It does not consider liability for defectively designed products, or products that are defective because of an inadequate warning, which are dealt with in the lesson Liability for Defectively Designed Products.
Read moreThis lesson covers basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property. The student will be presented with concrete situations in which to consider application of rules and concepts of the law of damages. Analytically, invasions of the interest are separated into permanent deprivations and temporary deprivations and the different rules applicable to the two different contexts are explored.
Read moreThis is an exercise requiring the student to apply the concept of intent, as defined in Restatement (Second) of Torts. The student is asked (1) to approve or disapprove asserted propositions applying the concept to a fact situation; (2) to identify the errors in erroneous propositions; (3) to indicate how erroneous propositions can be corrected; and (4) to identify, in the role of associate counsel at trial, appropriate grounds of objection to a proposed charge to the jury.
Read more