Torts

This lesson gives the student familiarity with contributory negligence, a defense to a negligence claim, and also with last clear chance, a "defense" to the defense. While these doctrines today are on the wane, students should be generally familiar with them for a full understanding of negligence and comparative negligence.

This lesson considers the differences between the various comparative fault schemes found in different jurisdictions. It begins by considering in what respects the plaintiff's conduct is being compared with the defendant's conduct. Next, it introduces students to the three main types of comparative fault schemes before going on to illustrate when and how they lead to different results, with particular reference to aggregation of defendants' fault.

A plaintiff who voluntarily assumes a risk of harm cannot recover for the negligent or reckless conduct that causes the harm: that is known as assumption of risk. It is a complete defense. This lesson explores the defense, which together with contributory negligence has been part of negligence law for more than a century-and-a-half. The border between the two classic negligence defenses is sometimes confusing, so questions navigate the differences. Also, the lesson considers the continuing vitality of the defense of assumption of risk when contributory negligence is rapidly being replaced by comparative negligence.

This lesson deals with the rules governing the liability of multiple defendants in torts cases. It begins by examining joint and several liability and the rules governing contribution between tortfeasors, then moves on to consider why the majority of states has now modified the rules of joint and several liability. It also contrasts the different results produced by joint and several liability on the one hand and several liability on the other in cases involving insolvent defendants and settling defendants.

This lesson is concerned with the liability of occupiers of premises to trespassers on those premises. It begins by considering who is a trespasser for these purposes, before moving on to consider the content of the duty owed by occupiers to trespassers. The special case of child trespassers is given special consideration.

This lesson focuses on the distinction between invitees and licensees, and the duty owed by an occupier to each category of entrant. It includes problems designed to test student understanding of the distinction between licensees and invitees, and to highlight the differences between the duties owed to each.

Strict liability for animals is one of the oldest forms of strict liability in tort law. The topic concerns the problems that arise with both trespassing animals and attacking animals. This lesson discusses and illustrates the rules that apply to that area.

Strict liability for dangerous activities began with the English case of Rylands v. Fletcher. The First Restatement and the Second Restatement both contained provisions for a similar form of such strict liability and such liability is widely recognized in the United States. This lesson explains and uses examples to explain and then compare and contrast those different theories. In addition, this lesson covers the basic limitations on that form of strict liability.

This lesson deals with liability for defectively designed products and products that are defective because of an inadequate warning. It does not consider liability for defectively manufactured products, which are dealt with in the lesson Liability for Defectively Manufactured Products. It begins by comparing the two predominant tests for determining whether a product is defectively designed (the consumer expectations test and the risk/utility test), then considers the impact of warnings, including a consideration of the learned intermediary doctrine.

This lesson deals with liability for defectively manufactured products. It does not consider liability for defectively designed products, or products that are defective because of an inadequate warning, which are dealt with in the lesson Liability for Defectively Designed Products.

This lesson introduces the student to the structure, function, and terminology of the law of damages in the context of torts cases. It deals with the concept of general and special damages and presents questions that help students distinguish the two categories. Problems of measurement of damages are introduced, and nominal damages are briefly considered.