Torts

Catalog description

Development and analysis of accident liability systems. Historical roots of common law liability. Strict liability systems, including nuisance, trespass, respondeat superior. Negligence, with attention to standards of conduct, proof of breach, causation, 'proximate cause,' affirmative defenses and immunities. Functional approach to accident law doctrine. Explanatory structure developed wherein 'strict liability, negligence, intentional torts' appear as rough benchmarks along a continuum rather than as warring, alien, liability systems. Damages, liability of owners and occupiers of land, assault, battery, false imprisonment, malicious prosecution and other 'intentional torts,' liability of suppliers of goods and remote contractors, misrepresentation, and defamation. The explanatory structure of torts is further developed in analyzing legal treatment of various 'accident types, ' with increasing focus upon 'legal process' topics, issue characterization, burden allocation, and the relations among tort, contract, and administrative allocation systems.