Torts

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Key Materials

  1. Syllabus
  2. Briefing Cases
  3. Practice Exams

Introduction

Welcome

Before Class

After Class

Goals

Procedure

Culpability

Elements

Facts

Case Law

Holdings

Materiality

Vicarious Liability

Negligence: Duty

Generally

Affirmative Acts That Cause Physical Harm

Duty to Act Affirmatively

Pure Emotional Harm

Pure Economic Harm

Statutory Duties

Premises Liability

Summary

Negligence: Breach

Reasonable Care

The Reasonable Person

B vs. PL

Statutory Standards

Custom

Professional Standards

Proving Breach

Summary

Negligence: Factual Cause

The Tests

Uncertainty (Part One)

Uncertainty (Part Two)

Uncertainty (Part Three)

=== Summary

Negligence: Scope of Liability

Palsgraf v. LIRR

Foreseeability

=== Summary

Negligence: Damages

Types of Damages

Negligence: Affirmative Defenses =

Contributory Negligence, Comparative Fault, and Assumption of Risk

Statutes of Limitation and Repose

Immunities

The Doctrinal Messiness of Rescue

Negligence: Awards

Making the Plaintiff Whole

Discrimination

Initial Apportionment

Contribution, Indemnification, and Settlement

Seatbelt Exercise

Other Torts

Intentional Torts

Trespass, Nuisance, and Abnormally Dangerous Activities

Products Liability

Privacy and Reputational Torts

Conclusion

Practice Exam

Insurance, Bankruptcy, and Inability to Collect

Alternatives

Q&A and Sendoff