Torts2025fall-materials

For alternatives to tort, what types of questions are fair game? Insurance For a given fact pattern: How does insurance affect (or not affect) the tort litigation? How does insurance change incentives of the parties?

Tarasoff v. Regents of the University of California “The Psychiatrist Who Didn’t Warn the Murder Victim” Randi W. v. Muroc Joint Unified School District “The Alleged Sexual Predator’s Recommenders”

Strict Liability Limits on Strict Liability Fletcher v. Rylands — PWFOPBOHL&C&KTALDMIIE Rylands v. Fletcher — PWFOPBOHL&C&KTA “non-natural” and LDMIIE First Restatement — “ultrahazardous activity” Second Restatement — “abnormally dangerous activity”

One-on-one Midterm Review Meetings What products liability claims might Reuben the bear try to assert against the manufacturer of his pants?

Market Share Liability Toxic Harms Why is the tort system such a poor fit? Three frequent problems: Identification of the cause: Can’t be certain that the toxin was a “but for” cause.

Recap Remedies The consequences of liability. Remedies include: ?????????? damages ?????????? damages Nominal damages and declaratory judgment Equitable relief Remedies include: Compensatory damages Punitive damages Nominal damages and declaratory judgment Equitable relief [fit] Compensatory [fit] Damages and punitive damages Compensatory Damages The Objective: ?

Mathias v. Accor Economy Lodging, Inc. Procedural posture Legal question(s) Relevant facts Holding Reasoning(s) behind the holding Oral argument: Appealing a Punitive Damages Award Hershovitz v.

Review Exercise Falzone v. Busch Reasons for “Impact” Rule Physical harm not the natural or probable consequence of the negligent act Consensus of the bar Policy reasons Policy Reasons for “Impact” Rule Flood of litigation Fake claims Problems of proof “Zone of Danger” Requires a reasonable fear of immediate physical injury

Past midterms are now available on the course website. Office hours this week will be on Friday at 1pm. Economic theory of negligence Hand Formula B = ??? P = ?

Supplement Recommendations For Review: Understanding Torts For Practice Problems: Tort Law and Practice Two requirements for res ipsa to apply: Harm results from. . .