|
We'll begin the year with an introduction to the nature and purpose of tort law. That means familiarizing ourselves with the "first principles" that underlie and heavily influence the development of the law in this area.
Concerning the nature of torts, we'll explore a series of fundamental questions, including the following: How and why is a tort different than a crime? What is the
relationship between tort and contract law? What role does tort law
play in relation to property? This requires us to begin grappling with various procedural and substantive issues.
Within the law of torts, we'll begin to examine the difference between negligence, which we'll study this fall, and so-called "intentional torts," which will be covered with Professor Elgie next term.
We'll also probe the purposes of tort law. Understanding tort's purposes is key to distinguishing it from other areas of law, and to appreciating its unique doctrinal features. There is seldom a case that does not turn, at least in part, on an express or implied recognition of tort's particular purposes. Deciphering and applying the law therefore requires a solid grasp of these first principles.
Rather than talking about this topic in the abstract, we'll look at the issues through a series of hypothetical problems. For our second and third classes together (those are Thursday, September 13 and Monday, September 17), you are expected to have tacked  THESE PROBLEMS. It isn't enough just to have read them. I insist that you make an effort to answer them prior to class. We'll be discussing your responses when we meet.
Don't worry if you don't feel that you know enough to provide the correct answers -- that isn't the point. I'm willing to bet that you can come close just by thinking hard about the problems. To complement your own common sense, you should read pages 1-34 (that's Chapter 1) of the Linden, Klar and Felthusen casebook during the first week or two of classes.
|
