What is the course in Torts all about?

My goals in this course are two-fold. First, I want to introduce students to the fundamentals of tort law. Second, the course provides a fun way of introducing students to the case method of legal study. For many students the second goal will be more important.

Tort cases often present unusual fact patterns. A ship burns up when a plank drops into an empty cargo hold; a man races to get on a train, drops a package and causes an explosion which knocks some scales on a woman standing on the platform; a doctor performs an operation carefully but doesn't warn the patient of a rare complication which occurs. These and countless other types of situations help make the first semester of law school fun. They also show how law arise out of real life situations and has implications for how we conduct our every-day life.

We'll read a lot of cases in this courseabout 3 are assigned for each class. We will see how courts in the 19th and early 20th centuries developed this law almost without help from the legislatures or regulatory bodies. When we read a case we will be looking at four elementsthe facts, the legal issues, the holdings, and the rationales. We will also compare different cases that confronted similar issues and ask if these cases can be distinguished. Can the holdings be reconciled or are they inconsistent? Why do the courts differ, and what can we predict about how future cases with slightly different facts will be decided?

It may be useful to think of torts as of three different types based on the interests protected: personal injuries, property damage, and relations (such as wrongful death and defamation). We may also characterize torts based on the degree of intention of the defendant: intentional torts, negligence and strict liability.