TORTS
SYLLABUS FOR FALL 2009, EVENING DIVISION
Professor Ralph L. Brill
REQUIRED TEXT:
ASSIGNMENTS ARE IN PROSSER, WADE & SCHWARTZ, et al.
TORTS, CASES & MATERIALS (11TH ed. FOUNDATION PRESS 2005).
Download the Syllabus here.
WEEK ONE:
TUESDAY: Read and prepare to discuss: Chapter One, 8/25 DEVELOPMENT OF LIABILITY BASED ON FAULT.
THURSDAY:
DEVELOPMENT OF LIABILITY WITHOUT FAULT, Cont’d.
Also, Read “Purpose of the Law School” on the Course Website.
WEEK TWO:
TUESDAY 9/1:
Read and prepare to discuss: pp. 17- 29, INTENT.
THURSDAY: Read and prepare to discuss: pp. 29-37, BATTERY; and Read and prepare to discuss: pp. 37-40, ASSAULT.
WEEK THREE:
TUESDAY 9/8: Read and prepare to discuss: pp. 40-50, FALSE IMPRISONMENT.
THURSDAY: Read and prepare to discuss: pp. 91-103, CONSENT;
and Read and prepare to discuss: pp. 103-118, OTHER PRIVILEGES. In-class review questions.
( outside assignment: TAKE TUTORIAL #1.)
WEEK FOUR:
TUESDAY 9/15: Read and be prepared to discuss pp. 131-145, NEGLIGENCE: A NEGLIGENCE FORMULA.
Also, Read and prepare to discuss the McMahon case and the materials on the McDonald’s Coffee Spill Case from the Website, Supplementary Reading.
THURSDAY Read and prepare to discuss pp. 145-168,
NEGLIGENCE: THE STANDARD OF CARE.
WEEK FIVE:
TUESDAY: Read and prepare pp. 168-200, The STANDARD 9/22 OF CARE, continued.
THURSDAY: Read and prepare to discuss: pp. 200-229, RULES OF
LAW AND VIOLATION OF STATUTE.
Outside assignment: Prepare Tutorial #2, from
Website.
WEEK SIX:
TUESDAY 9/29: Read and prepare to discuss: pp. 417-432, FAILURE TO ACT.
THURSDAY: Read and prepare to discuss: Tarasoff v. Regents,
Pp. 432-438.
WEEK SEVEN:
TUESDAY 10/6: Read and prepare to discuss: pp. 450-464, MENTAL DISTURBANCE AND RESULTING INJURY;
AND Read and prepare to discuss: pp. 464-479, UNBORN CHILDREN.
THURSDAY: Read and prepare to discuss: pp. 485-507, LIABILITY TO TRESPASSERS, LICENSEES AND INVITEES. Read and prepare to discuss: Lee v. C.T.A. and brief in that case from Website.
WEEK EIGHT:
TUESDAY 10/13: Read and prepare to discuss: pp. 229-258, PROOF OF NEGLIGENCE AND RES IPSA LOQUITUR.
THURSDAY: Read and prepare to discuss: Palsgraf v. Long
Island R.R., pp. 308-319, with emphasis on the two judges’ discussions of the concept of duty.
WEEK NINE:
TUESDAY: 10/19 Read and prepare to discuss: pp. 275-292, CAUSATION IN FACT, PP 275-.
THURSDAY: Read and prepare to discuss: pp. 293-319, PROXIMATE CAUSE.
WEEK TEN:
TUESDAY 10/27: Read and prepare to discuss: pp. 319-360, PROXIMATE CAUSE.
THURSDAY: CATCH UP, AND REVIEW OF PROXIMATE CAUSE. Read and prepare to discuss the Bartelli case from the Website.
WEEK ELEVEN:
TUESDAY 11/3: Read and prepare to discuss: pp. 361-371,
383-388, JOINT TORTFEASORS.
THURSDAY:
Read and prepare to discuss: pp. 586-601,
DEFENSES: PLAINTIFF’S CONDUCT.
WEEK TWELVE:
TUESDAY 11/10: Read and prepare to discuss: pp. 601-614, DEFENSES: ASSUMPTION OF RISK and Pp. 614-
621, DEFENSES: STATUTES OF LIMITATIONS
AND REPOSE.
THURSDAY: Read and prepare to discuss: pp. 621-659,
DEFENSES, IMMUNITIES.
WEEK THIRTEEN:
TUESDAY 11/17: Read and prepare to discuss: pp. 686-710, STRICT
LIABILITY; ANIMALS; ABNORMALLY DANGEROUS
ACTIVITIES.
THURSDAY: Read and prepare to discuss: pp. 718-738,
INTRODUCTION TO PRODUCTS LIABILITY.
WEEK FOURTEEN:
TUESDAY: CATCH UP AND REVIEW.
THURSDAY: THANKSGIVING. NO CLASS.
WEEK FIFTEEN:
THURSDAY: MAKE UP DAYS, CATCH UP AND REVIEW.
FINAL EXAMINATION: THURSDAY, DECEMBER 10, 6 P.M.
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My teaching philosophy emphasizes flexibility. That means I reserve the right to dwell on subjects that seem to be of special interest to a specific class, or which raise issues currently in the news. Therefore, there will be times when we fall behind the schedule above, and have to go over some assigned material in less depth in order to catch up. We will supplement most classes with Webpage discussions, questions and answers, and some reviews. Thus, this syllabus is not written in stone, but does give a fair idea of the amount of reading expected of you every week, and approximately where we will be at any point in the semester.