TORTS
Professor Weber
[email protected]
Fall, 2014
SYLLABUS
Text: Ward Farnsworth & Mark F. Grady, Torts: Cases and Questions (2d ed. 2009) (ISBN 978-0-7355-
8294-1).
Description: This course provides an introduction to the basic theories underlying the American common
law system of compensation for injuries to person and property. Major topics covered include negligence,
strict liability, damages, and intentional torts.
Requirements: Preparation for class and regular and punctual class attendance are mandatory. Students
are strongly encouraged to brief cases and to make extensive written notes of all non-case material before
class. Frequently, the material in the books notes following the larger case excerpts will be as important
as the major cases themselves, so be certain to give this material close attention and be ready to discuss it
in class. We will focus on current controversies in Tort law, so it is important to read all the assigned
material critically. In class, be sure that all cell phones are turned off and that computers are used only
for taking notes. All computers must be on mute.
Grading: At the end of the semester, there will be a three-hour, closed-book final examination, which will
result in a preliminary grade. The preliminary grade will be adjusted for class attendance, preparation, and
performance; the adjustment may cause the grade to rise or fall one grade bracket if the student is at the
margin based on the exam. The instructor reserves the right to diminish the grade substantially, disenroll
the student, or fail the student if the student is a source of disruption in class due to lateness, improper
computer or cell phone use, or any other cause. Failure to attend will also be a ground for disenrollment or
failing the course.
D2L: Students must use the universitys D2L website system for this course, and must check the course
site regularly. Required supplemental materials will be posted on this site.
Office Hours: Regular office hours will be announced the first week of class; appointments are available
outside of regular hours by calling (312) 362-8808. Calling generally works better than email for making
appointments. Visiting during office hours works much better than email for answering questions about
material covered in class. Come to 634 OMalley, diagonally across from the law school courtroom.
Preliminary Assignment Schedule: The preliminary assignment schedule follows. The schedule is very
likely to be adjusted during the course of the semester, and supplementary materials will be added. These
materials or the directions to obtain them will be posted on D2L.
Thanksgiving Travel: Class is scheduled for November 26, so do not make travel plans that conflict with
class attendance.
First Assignment: For the first class, read pp. xxix-xxxii; xxxv-xlviii; and 1-11 in Farnsworth & Grady.
2
Classes
Topics
Pages
1. Aug. 25 & 27
Introduction; Battery; Consent
& Mistake
xxix-xxxii; xxxv-xlviii; 1-29
2. Sep. 3
Conversion; False
Imprisonment; Assault
40-43; 55-70
3. Sep. 8 & 10
Intentional Infliction of
Emotional Distress; Intentional
Tort Defenses
70-106
4. Sep. 15 & 17
First Review; Negligence:
Reasonable Person
121-140
5. Sep. 22 & 24
Risks & Precautions; Custom
140-170
6. Sep. 29 & Oct. 1
Negligence Per Se; Res Ipsa
Loquitor
170-212 nn. 1-2
7. Oct. 6 & 8
Second Review; Duty:
Affirmative Acts &
Undertakings
217-36
8. Oct. 13 & 15
Special Relationships; Land
Owners and Occupiers
236-272
9. Oct. 20 & 22
Privity; Economic Loss;
Negligent Infliction of
Emotional Distress
272-305
10. Oct. 27 & 29
Cause in Fact
307-50
11. Nov. 3 & 5
Proximate Cause
351-389
12. Nov. 10 & 12
Third Review; Strict Liability &
Respondeat Superior
395; 406-442
13. Nov. 17 & 19
Products Liability
449-500
14. Nov. 24 & 25
Negligence & Strict Liability
Defenses
571-605 (including note under
D.; D2L: Davenport v.
Cotton Hope
15. Dec. 1
Final Review
