Torts (Fall 2022)

Welcome to torts, the law of private wrongs!

This syllabus will provide an overview of the expectations for the course and the reading assignments.

Overview

Tort law defines the circumstances in which one is liable for injuries suffered by another, in situations not involving voluntarily assumed obligations. This body of law addresses competing concerns about what kinds of harms deserve compensation, how to most fairly and efficiently distribute losses from accidents, and under what conditions different rules should apply. It also requires examination of the different roles of judge and jury in a the American system of common law. This course will thoroughly examine negligence law, including its development, current doctrine, and practical applications, while offering an overview of intentional torts, strict liability, and products liability.

Course Objectives

At the end of this course you will be able to:

  • Understand the basic tort doctrines and the contexts in which they apply
  • Work through a legal claim formally, including each step in a prima facie case and defenses, applying existing rules to new fact patterns
  • Discuss the various theoretical frameworks underlying tort law and critically evaluate existing legal rules and possible alternatives
  • Understand the roles of judge and jury and the ways in which substantive tort law relies on the differences
  • Appreciate the common law method and the ways that method differs from other types of lawmaking

Class Meetings, Review Session, Final Exam

We will meet Tuesday and Thursday, from 3:20PM–5:20 PM, in Room 1447.

Note: We will not have class at our normal time on September 15th or 29th. Those classes will be rescheduled as follows:

  • Monday, Oct. 10, 5:30PM–7:30PM, Room 1420
  • Monday, Oct. 24, 5:30–7:30PM, Room 1457

Please mark down the changes in your calendars. If there are any more changes, I will give you plenty of notice.

The review session for this course is scheduled for Tuesday, November 29, 10:30–11:45AM. The final exam will be on Friday, December 2, in the afternoon, in class. I expect that it will be a 4-hour exam. (This is what I think is most likely right now, but the specific details are subject to change with plenty of notice).

Materials

The casebook for this course will be Goldberg, Kendrick, Sebok & Zipursky, Tort Law: Responsibilities and Redress (5th ed.). I don’t care how you acquire it, whether you have a physical copy, or anything else, as long as you can do the reading assignments as they appear in the 5th edition.

Feel free to use other study aids you find helpful, but remember that you won’t be evaluated on those other materials. Tort law is a sprawling subject; we won’t be covering everything, and you can learn everything you need to know for this course by completing the assignments and attending class. I’ve heard good things about Kenneth Abraham’s The Forms and Functions of Tort Law—which you can access online (for free!) through the UCLA Law Library—but, again, this is not required, and not even necessarily recommended.

Attendance

Regular attendance is required for all classes at UCLA Law. Pursuant to our academic standards, students who do not regularly attend class may, at my discretion, be prohibited from sitting for the final exam, resulting in a grade of “F” or being dropped from the class. Students for whom this may be an issue will receive a written warning before this final action, and may need to attend all remaining classes after the written warning is given. If you must miss a class because of a medical need, or serious familial, religious, or professional obligation, please email me at least 2 hours before class to request an excused absence. It should go without saying by now, but if you feel ill or experience symptoms of COVID-19, please email me for the excused absence and do not come to class. Class will be recorded and the recordings will be available for review, but watching the recording is not a substitute for regular attendance and participation.

Grading

Your grade will be based on your performance on the final exam and, to a limited extent, your class participation. Please try not to spend the entire semester worrying about the exam. We’ll talk about it when the time comes.

Class Participation

I expect you to come prepared to participate in class discussion. In particular, I will expect that you have carefully read the assigned material prior to class and are prepared to respond to questions and/or offer comments to facilitate class discussion.

Please note that you will be assessed on the quality, not the quantity, of your participation. Quality does not mean giving the “correct” answer—in torts there are often several valid answers to questions. The key is to be prepared and to make your best effort at reasoning through an issue, putting your thoughts and arguments into words. Your responses will be important and valuable building blocks for our discussion, even if they might occasionally feel clumsy in the moment. The most important thing is to remember that you are in this together, and that this is a collaborative process. You are expected to support each other as colleagues in a joint learning community. Each class member is entitled to your respect, and to a presumption that their views are being offered in good faith—even if they are views with which you sharply disagree.

I have divided the class into three randomly assigned panels, posted in the OneDrive and on BruinLearn. One of those three groups will be on call each class. When your group is on call, I may ask you a question, even if your hand is not raised. This does not mean that only people in the on-call group can speak; I encourage you to raise your hand any time you have relevant comments and questions. I also expect all students to prepare, even when you are not on call. If, for whatever reason, you feel that you cannot answer questions on a given day, you may—up to three times in the semester—ask me ahead of time not to call on you. If you have not asked ahead of time, and I do call on you, you may request help from “co-counsel” at any time, but I ask that you first give the question your sincere effort. If you are struggling to answer, it may well be because my question was poorly formed, so please feel free to ask for clarification.

In general, if you are routinely present, engaged, and respectful of your colleagues, I will note that, and it may positively affect your final grade. Any poor assessment regarding your participation will be the result of protracted absence from class, repeated refusal to participate in class, disrespectful comments, or sustained evidence of lack of preparation and engagement. The effect on your grade in either direction will be no more than a single letter grade step (e.g., B+ to A- or vice versa). Because you are assessed on quality, not quantity, I also ask that you also be cognizant of your speaking time. If you find that you are speaking often, please consider making space for others in the room who speak less frequently to have their turn.

Office Hours

My office hours will be Tuesdays, from 10:30–11:45 AM, in Glickman Courtyard (in front of the law school). I encourage you to come by. Feel free to come in groups with questions or sit in on a conversation already in progress. If you cannot make that time or want to have a private conversation, please email me to schedule another time. My office hours are subject to change if required.

Accommodations

UCLA Law strives to provide accommodations in a way that supports students with disabilities while maintaining their anonymity and the fundamental nature of our law program. As such, students needing academic accommodations should not contact their professors directly, but contact Carmina Ocampo, Director of Student Life or the UCLA Center for Accessible Education (CAE) When possible, students should start this process within the first two weeks of the semester, as reasonable notice is needed to coordinate accommodations. 

Resources for Health and Wellness

Students needing assistance with medical or mental health issues, substance abuse, anxiety or depression or other health-related matters should contact the Office for Student Affairs, UCLA Counseling and Psychological Services (CAPS) at 310-825-0768 (Courtney Walters is the counselor regularly assigned to the law school) or the Ashe Student Health & Wellness Center at 310-825-4073.

Structure of the Course

  • Common Law Negligence
    • Duty
    • Breach
    • Causation
      • Review Exercise I
    • Defenses
    • Damages
  • Strict Liability
  • Products Liability
    • Review Execrise II
  • Intentional Torts

Assignments

Reading Assignments:

Reading assignments are below. Some classes move faster or slower than others, so the list begins with the first two weeks, and reading assignments will be updated here as needed to match our pace. Most of the readings will be from the casebook (CB); others will be posted in the course OneDrive, along with any other handouts. Where relevant, I will indicate which notes are most important to focus on as you read. Please note, though, that you are responsible for all of the material in the assigned readings­—including all opinions, dissents, concurrences, and casebook notes—and may be tested on any of it, even if it is not discussed in class.

The first two weeks of casebook readings have been posted in the OneDrive to give you time to buy the book. Unfortunately, though I know newer editions are expensive, the 5th edition is required because there have been important substantive changes since the 4th.

Review Exercises

You will have two brief writing assignments as indicated on “Review Exercise” days. The first will be after the negligence prima facie case, and the second after we discuss products liability—about 1/2 and 3/4 of the way through the course respectively. On these days, I will give you an issue-spotter problem or set of problems to analyze, and you should write out answers at home.

Your responses will not be graded, but you must turn your responses in before class on the due date. I will be checking only that you made a reasonable effort to answer the question. If you do not turn in a response of reasonable effort, you will lose a single-step letter grade for the final grade of the course. When the time comes, please submit the assignment in PDF through BruinLearn. Do not email them to me.

After you turn them in, we will spend part of the next class going over them. These exercises are for your benefit. They serve as review for the exam, partly so you can shore up any substantive misunderstandings, but partly so you can practice successfully putting your knowledge on paper. It is therefore to your benefit to take them seriously.

DateAssignment
(Page #s from CB. If a case is named, it includes the notes after.)		Focus Notes

* = Extra Important		TopicOn Call
8/23 (Tue)• Ferguson,
Letter to a 1L on the First Day of Law School (pdf);
• 3–18 (Ch.1 §§ I-II.B);
• 49–69 (Ch.2 thru Macpherson)		12–16: nn. 2, 3, 5
58–61: nn. 1–3;
66–69: nn. 2, 5, 7, 8		Introduction to Torts; Introduction to Duty1
8/25 (Thu)• 69–76 (Mussivand);
• Intro from Joy Milligan, Pluralism in America (pdf)		nn. 2, 4, 6, 8The Duty of Reasonable Care2
8/30 (Tue)• 76–94 (Ch.2 § III thru Baker);
• Restatement 2d § 314A (pdf);
• 110–128 (Ch.2 § III.B)		85–94: nn. 5–9;
122–128: nn. 1, 3, 4, 6–9		Rescue; Special Relationships; Premises Liability3
9/1 (Thu)• 94–110 (Tarasoff; skip n.6);
• UC Regents v. Rosen and questions (pdf)		nn. 2, 5, 9–12Duties to Third Parties and the Modern Approach1
9/6 (Tue)• 149–150 (Intro to Ch. 3 § I);
• 160–171 (Jones, Kovich, Adams; skip nn. 2–4);
• 171–184 (Ch.3 § II thru Dakter);
• 187–192: (nn. 1–8 after Appelhans)		164–171: nn. 1, 6, 7, 8
187–192: nn 1*, 3, 7, 8		Breach & The Reasonable Person2
9/8 (Thu)• 184–187 (Appelhans);
• 192–195 (the rest of the notes after Appelhans);
Bender, A Lawyer’s Primer of Feminist Theory and Tort, 20–25 (pdf);
• 195–98 (The TJ Hooper);
• 212–216 (nn. 1–7, 9–11, 14, 16 after The TJ Hooper);
Sheeley v. Memorial Hospital (pdf)		212–216: nn. 1, 2, 4, 7*Reasonable Person, con’t; Custom and Professional Standards of Care3
9/13 (Tue)• 217–242 (Ch. 3 §§ IV-V)225–231: nn. 4–7
238–242: nn. 1, 4, 6, 8		Cost-Benefit Balancing; Burdens of Proof; Res Ipsa Loquitur1
9/15 (Thu)NO CLASS
9/20 (Tue)• 424–439 (Ch.6 § I);
• Restatement §§ 286 & 288A (pdf)		nn. 1, 4, 5, 6, 8, 10Negligence Per Se2
9/22 (Thu)• 245–58 (Ch.4 thru Butts);
• 273–281 (notes after Cooper thru note 8);
• 284–292 (Falcon)		273–281: nn. 2, 4
290–292: nn. 1, 3, 4		But-For Cause; Loss of a Chance3
9/27 (Tue)• 292–318 (Ch. 4 § III–IV.A)293–294: nn. 1, 3
304–314: nn. 1, 4, 5
314–318: nn. 1, 3, 4, 6		Multiple Causation; Tortfeasor Identification1
9/29 (Thu)NO CLASS
10/4 (Tue)• 335–362 (Ch. 5, stop at Port Authority v. Arcadian)341–345: nn. 1, 3
352–357: nn. 2, 3, 5
359–362: nn. 1, 2
Proximate Cause; Begin Superseding Cause2
10/6 (Thu)• 362–396 (Arcadian & Palsgraf; CW: brief discussion of sexual assault in the notes)372–382: nn. 1, 2, 5, 10
390–396: nn. 4, 6, 8, 12, 14, 15		Superseding Cause; Palsgraf!3
10/10 (Mon – MAKEUP CLASS)• Review Exercise I: (due before class in BruinLearn)
• 493–510 (Ch. 7 Intro & § I)		494–498: nn. 3, 5
503–509: nn. 2–5, 9		Review Negligence Prima Facie Case; Comparative Fault1 (but everyone is on call for the Review part)
10/11 (Tue)• Wassell v. Adams and commentary (pdf; CW: rape)
• Murphy v. Steeplechase (pdf)
• 511–521 (Smollet)
• Defunctland: The History of Action Park		514–521: nn. 1, 2, 4, 5Continue Comparative Fault; Implied Assumption of the Risk2
10/13 (Thu)• 521–534 (Ch.7 § II.B)nn. 2–5, 7Finish Implied Assumption of the Risk; Express Assumption of the Risk3
10/18 (Tue)• 575–599 (Ch. 8 § I.A)
• Chamallas & Wriggins Chapter 6 (pdf)
• Soffen, In One Corner of the Law, Minorities and Women Are Often Valued Less (read article, and play with the tool)		578–582: nn. 1, 2, 7;
588–598: nn. 1, 2, 5, 7, 10, 12		Compensatory Damages1
10/20 (Thu)• 465–470 (Ch.6 § III intro)
• 599–612 (Ch.8, § I.B, through n.7)
• 615 (n.14) (in the same set of notes as the prior pages)
• 1114–1125 (Ch. 13 § III intro and BMW v. Gore)		468–470: all
607–612: nn. 1, 3–5
1123–1125: nn. 2, 4		Wrongful Death Acts; Punitive Damages2
10/24 (Mon – MAKEUP CLASS)• 619–631 (Ch.8, § II)
• 883–885 (n.1 after N.Y. Central R.R. Co. v. White)
624–631: nn. 1, 2, 4, 6, 10, 15
Vicarious Liability; Workers Compensation3
10/25 (Tue)• 869–871 (Ch. 11 Intro)
• 887–899 (Burns Philp)
• 956–975 (Ch. 11 § III)
• Restatement 2d § 520
889–899: nn. 3, 5, 6, 11
968–975: nn. 5–7,  9–11
Strict Liability: Trespass; Ultrahazardous activities1
10/27 (Thu)• 979–1015 (Ch. 12 §§ I–II)987–991: nn. 1–4
995–999: nn. 3–5, 7, 8*
1002–1005: nn. 1, 4, 5, 7
1011–1014: nn. 2, 4, 7, 8		Product Liability: Precursors,
Elements, Manufacturing Defects		2
11/1 (Tue)• 1015–1035 (Ch. 12 §§ III thru Hickox)1019–1024: nn. 1, 3, 5, 8, 9*
1024–1035: all
Design Defects3
11/3 (Thu)• 1070–1082 (Ch. 12 § IV.A & B n.1)1076–1080: 2–7Warning Defects1
11/8 (Tue)NO CLASSELECTION DAY
11/10 (Thu)• Review Exercise II: (due before class in BruinLearn)Review Defenses, Product Liability, Strict Liability;n/a
11/15 (Tue)• 668–679 (Ch. 9 thru § II.A.1; skip nn. 4–5)
• Alcorn v. Mitchell (pdf)
• Leichtman v. WLW Jacor Comm’ns (pdf)
• 679–689 (§ II.A.2 thru Cole)		673–679: nn. 6, 9–11, 13;
685–689: nn. 3, 7, 8		Intro to Intentional Torts; Battery2
11/17 (Thu)• 690–705 (the rest of Ch. 9 § II.A)
• 705–706 (Intro to § II.B)
• Allen v Hannaford (pdf)
• 712–721 (notes after Vetter & § III.C)

699–705: nn. 3, 4
712–715: nn. 1–3;
717–721: nn. 1–3		More on Intent; Assault; Transferred Intent3
11/22 (Tue)• 721–737 (Ch. 9 § III.A & III.B)726–732: nn. 2–6, 8;
733–737: nn. 1-4		Consent; Self Defense1