Torts II Weekend Section

Torts II – Weekend Section Fall 2007 Syllabus

Professor Michael Scherschligt Office-Law/Grad 210E Office Hours: Monday, Tuesday, and Wednesday, 8 a.m. to noon, Saturday 10-noon. I understand that weekend students aren’t likely to avail themselves of office hours during the week. I therefore invite you to contact me for special appointments. Office Phone: 651-523-2356 Home Phone: 763-535-2793 (I encourage calls at home; don’t hesitate) E-mail: [email protected]

Course Content

The Torts II course assumes a basic understanding of intentional torts, negligence, and strict liability, together with concepts of causation. It also assumes familiarity with plaintiff’s conduct defenses. The course seeks to build on this foundation by closer examination of particular areas of tort liability, particularly: vicarious liability, fetal injuries (medical malpractice), premises-based liability, wrongful death, tort immunities, statutes of limitations, products liability, defamation, and invasion of privacy.

Course Method

The Torts II course builds on the analytic and other skills established in Torts I. Some of the methods of Torts I, particularly case discussion and analysis, will be continued and reinforced. In addition, we will work in small groups with extended hypotheticals or problems.

Course Grading

One-half of the course grade is based on a two-hour final exam. One-fourth is based on a short (12-15 pages) paper and class presentation, on a topic of your choice approved by me. One-quarter is based on my assessment of your work in class, particularly your willingness to engage in class discussion, your contribution to the resolution of group problems, and your engagement with the presentations of others.

Course Materials

The basic text for the course is Prosser, Wade & Schwartz, Torts Cases and Materials, 11th edition (Foundation:2005). Supplemental cases will be provided as we proceed. Torts II -- Weekend Professor Scherschligt Assignment Outline, Fall 2007

This is a topic and assignment summary for the month of August, 2007. Assignments for September will be distributed after the first two weeks of class.

1. August 12, 2007 Introduction, history and theory of tort compensation, Review of major themes of Torts I. pp. 17-20, 133, 141-145, 229-235, 308-325

2. August 19, 2007 Vicarious liability pp. 660-681, Lundberg v. State, Fruit v. Schreiner (class handout cases). Independent contractor (in-class exercise)

3. August 26, 2007 Mothers and injuries to their children. Injuries and Harms to fetuses and newborns. Pp. 456-479, plus Whetham case. Sherlock case (handouts).