A Course on Tort Law
Course Syllabus
Course Syllabus
Hylton, Tort Law, Intentional Torts, Chapter 4
Trespass to Person and Land
(3) Restatement of the Law (Second) of Torts, §13
(4) Restatement of the Law (Third) of Torts, Intentional Torts to Persons, §1
Trespass to Person and Land, Nonconsensual Defenses (Mental Disability, Insanity)
(3) Mohr v. Williams
(5) Hudson v. Craft
(6) McGuire v. Almy
(7) Restatement of the Law (Third) of Torts, Liability for Physical and Emotional Harm, §2
* Optional: Holmes, The Common Law, 97-98;
Keith N. Hylton, Intent in Tort Law, 44 Valparaiso University Law Review (2010);
Keith N. Hylton, The Economics of Necessity, 41 Journal of Legal Studies (2012);
Keith N. Hylton, Property Rules and Defensive Conduct in Tort Law Theory, 4 Journal of Tort Law (2011).
Hylton, Tort Law, Intentional Torts, Chapter 4
Nonconsensual Defenses (self-defense)
(2) Keep v. Quallman
(3) Bird v. Holbrook
(4) Katko v. Briney
(5) Restatement of the Law (Third) of Torts: Intentional Torts to Persons, §31
(6) Kirby v. Foster
(7) Ploof v. Putnam
(8) Vincent v. Lake Erie Transportation Co.
Assault
(2) Restatement of the Law (Third) of Torts: Intentional Torts to Persons, §105
Offensive Battery:
(2) Fisher v. Carrousel Motor Hotel
False Imprisonment:
(1) Griffen v. Clark
Intentional Infliction of Emotional Distress
Hylton, Tort Law, Evolution of Tort Law, Chapter 3
Early Case: Thorns Case
Forms of Action: Scott v. Shepherd
Strict Liability and Negligence
(1) Brown v. Kendall
(2) Fletcher v. Rylands (1865) (1866) (1868)
(5) Brown v. Collins
(6) Powell v. Fall
* Optional: Holmes, 81-88 (history), 89-95 (policy);
Fletcher, Fairness and Utility in Tort Theory, 85 Harv. L. Rev. 537, 537-552 (1972).
Hylton, Tort Law, Strict Liability Foundations, Chapters 5, and Reasonable Person, Chapter 6.
Strict Liability and Negligence in Modern Times
(1) Stone v. Bolton (1950)
(2) Bolton v. Stone (1951)
The Reasonable Person
(2) Roberts v. Ring
(3) Daniels v. Evans
(4) Breunig v. American Family Insurance Co.
(5) Fletcher v. City of Aberdeen
Calculus of Risk
(1) Blyth v. Birmingham Water Works
(2) Cooley v. Public Service Co.
(3) United States v. Carroll Towing Co.
(4) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §3
(5) Andrews v. United Airlines
Custom
(1) Titus v. Bradford, B. & K. R. Co.
(2) Mayhew v. Sullivan Mining Co.
(3) The T.J. Hooper (1931) (1932)
(4) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §13
(5) Lama v. Borras
*Optional: Holmes, 107-111, 111-115;
Keith N. Hylton, The Internalization Paradox and Workers' Compensation, pp. 113-129, 21 Hofstra Law Review (1992)
Hylton, Tort Law, Customs and Statutes, Chapters 7, and Inferring Negligence, Chapter 8.
Statutes and Regulations
(2) Restatement of the Law (Second) of Torts, §286
(3) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §14
(4) Martin v. Herzog
(5) Tedla v. Ellman
(6) Uhr v. East Greenbush Central School District
Judge and Jury
(1) Baltimore and Ohio R.R. v. Goodman
(2) Pokora v. Wabash Ry.
Proof of Negligence
(1) Byrne v. Boadle
(2) Restatement of the Law (Second) of Torts, §328D
(3) Restatement of the Law (Third) of Torts, §17
(4) Colmenares Vivas v. Sun Alliance Insurance Co.
*Optional: Holmes, 120-129.
Hylton, Tort Law, Contributory Negligence and Assumption of Risk, Chapter 9.
Contributory Negligence
(2) Beems v. Chicago, Rock Island & Peoria R.R
(4) Gyerman v. United States Lines Co.
(5) LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul Ry.
Last Clear Chance
(1) Fuller v. Illinois Central R.R.
(2) Restatement of the Law (Second) of Torts, §479, §480
(3) Restatement of the Law (Third) of Torts: Apportionment of Liability, §3
Imputed Contributory Negligence
Assumption of Risk
(1) Lamson v. American Axe & Tool Co.
(2) Murphy v. Steeplechase Amusement Co.
(3) Dalury v. S-K-I Ltd.
Hylton, Tort Law, Comparative Negligence, Chapters 10, and Joint and Several Liability, Chapter 11.
Comparative Negligence
Joint and Several Liability
(1) Union Stock Yards Co. of Omaha v. Chicago, Burlington, & Quincy R.R.
Vicarious Liability
(1) Ira S. Bushey & Sons, Inc. v. United States
(2) Saleem v. Corporate Transportation Group, Ltd.
(3) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §58, §59
Hylton, Tort Law, Factual Causation, Chapters 12, and Proximate Cause, Chapter 13.
Cause in Fact
(1) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §26
(2) Perkins v. Texas and New Orleans Railroad Co.
(2) New York Central R.R. v. Grimstad
(3) Zuchowicz v. United States
(4) Kingston v. Chicago & N.W. Ry.
(5) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §27
(6) Restatement of the Law (Second) of Torts, §433A
(7) Restatement of the Law (Third) of Torts: Apportionment of Liability, §26
(8) Summers v. Tice
(9) Sindell v. Abbott Laboratories
(10) Herskovits v. Group Health Cooperative
(11) General Electric Co. v. Joiner
Proximate Cause
(1) Berry v. Sugar Notch Borough
(2) Ryan v. New York Central R.R.
(3) Brower v. New York Central & H.R.R.
(4) Restatement of the Law (Second) of Torts, §431, §448-49
(5) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §34
(6) Wagner v. International Ry.
(7) Palsgraf v. Long Island R.R.
(8) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §29
(10) Zokhrabov v. Park
Emotional Distress
(2) Dillon v. Legg
(3) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §47, §48
Hylton, Tort Law, Duty to Rescue and Special Relationships, Chapter 14
Duty to Rescue
(1) Buch v. Amory Manufacturing Co.
(3) Montgomery v. National Convoy & Trucking Co.
(4) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §39, §44.
Owners and Occupiers
(1) Robert Addie & Sons (Collieries), Ltd. v. Dumbreck
(2) Restatement of the Law (Second) of Torts, §339, §332
Gratuitous Undertakings
(1) Coggs v. Bernard
(2) Erie Railroad Co. v. Stewart
(3) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §42
(4) Moch Co. v. Rensselaer Water Co.
Special Relationships
(1) Restatement (Second) of Torts, §315
(2) Kline v. 1500 Massachusetts Avenue Apartment Corp.
(3) Tarasoff v. Regents of University of California
(4) Restatement (Third) of Torts: Liability for Physical and Emotional Harm, §41
*Recommended: Keith N. Hylton, Tort Duties of Landowners: A Positive Theory, 44 Wake Forest Law Review (2009)
Hylton, Tort Law, Strict Liability, Chapter 15.
Trespass to Chattels
(1) Restatement of the Law (Second) of Torts, §218
Conversion
(1) Poggi v. Scott
(2) Restatement of the Law (Second) of Torts, §222A, §223
(3) Moore v. Regents of the University of California
Animals
(2) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §23.
Ultrahazardous Activities
(2) Restatement of the Law (Second) of Torts, §519, §520;
(3) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §20;
(4) Strawbridge v. City of Philadelphia
(5) Indiana Harbor Belt R.R. v. American Cyanamid Co.
(6) Restatement of the Law (Second) of Torts, §522, §523, §524
(7) Restatement of the Law (Third) of Torts: Liability for Physical and Emotional Harm, §24, §25
Nuisance
(1) Vogel v. Grant-Lafayette Electric Cooperative
(2) Restatement of the Law (Second) of Torts, §822, §826
(4) Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc.
(6) Restatement of the Law (Second) of Torts, §821 F
(7) Ensign v. Walls
(8) Boomer v. Atlantic Cement Co.
(9) Restatement of the Law (Second) of Torts, §821 B
*Optional: Holmes, 116-117, 154-163;
Keith N. Hylton, Duty in Tort Law: An Economic Approach, 75 Fordham Law Review (2006).
Hylton, Tort Law, Products Liability, Chapter 17.
Products Liability
(2) MacPherson v. Buick Motor Co.
(3) Escola v. Coca Cola Bottling Co. of Fresno
The Restatements
(1) Restatement of the Law (Second) of Torts, §402A;
(2) Restatement of the Law (Third) of Torts: Products Liability, §1, §2
*Optional: Buchanan, In Defense of Caveat Emptor, Univ. of Chic. L. Rev. (1970);
Keith N. Hylton, The Law and Economics of Products Liability, 88 Notre Dame Law Review (2013);
Keith N. Hylton, An Economic Perspective on Preemption, 53 Boston College Law Review (2012).
Hylton, Tort Law, Products Liability, Chapter 17
Tort or Contract
(1) Casa Clara Condominium Ass'n, Inc. v. Charley Toppino & Sons, Inc.
(2) Restatement of the Law (Third) of Torts: Products Liability, §21
Proper Defendants: Cafazzo v. Central Medical Health Services, Inc.
Product Defects
(1) Restatement of the Law (Third) of Torts: Products Liability, §3
(2) Speller v. Sears, Roebuck and Co.
Design Defects
(2) Volkswagen of America, Inc. v. Young
(3) Barker v. Lull Engineering Co.
(4) Restatement of the Law (Third) of Torts: Products Liability, §2, §6
Duty to Warn
(1) MacDonald v. Ortho Pharmaceutical Corp.
(2) Vassallo v. Baxter Healthcare Corp.
(3) Restatement of the Law (Third) of Torts: Products Liability, §10
(4) Hood v. Ryobi America Corp.
(5) Air & Liquid Systems Corp. v. DeVries
Plaintiff’s Conduct
(1) Daly v. General Motors Corp.
(2) Restatement of the Law (Third) of Torts: Products Liability, §17, §18
Federal Preemption
(1) Geier v. American Honda Motor Co.
(3) Wyeth v. Levine
Hylton, Tort Law, Damages, Chapter 18
Recoverable Elements of Damages
(1) Sullivan v. Old Colony Street Ry.
(3) O'Shea v. Riverway Towing Co.
(4) Duncan v. Kansas City Southern Ry.
Collateral Benefits
(1) Harding v. Town of Townshend
Punitive Damages
(1) Kemezy v. Peters
(2) State Farm Mutual Automobile Insurance Co. v. Campbell
(4) Exxon v. Baker
*Recommended:
Keith N. Hylton, Punitive Damages and the Economic Theory of Penalties, 87 Georgetown Law Journal (1998);
Keith N. Hylton, A Theory of Wealth and Punitive Damages, 17 Widener Law Journal (2008);
Keith N. Hylton, Due Process and Punitive Damages: An Economic Approach, 2 Charleston Law Review (2008) .
*Optional: Punitive Damages Litigation in the Courts (Supreme Court and California):
Hylton, Tort Law, Defamation, Chapter 16
Defamation: Harm
(1) Bottomley v. F. W. Woolworth
(4) Saunders v. Board of Directors, WHYY-TV
(5) Jews for Jesus, Inc. v. Rapp
Defamation: Defenses
(7) Kevorkian v. American Medical Association
(8) Haycox v. Dunn
(10) Kilian v. Doubleday & Co., Inc.
(11) Smith v. Byrd
(12) Gambardella v. Apple Health Care, Inc.
(13) Carr v. Hood
Defamation: Constitution
(14) New York Times Co. v. Sullivan