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TortsIWeekOne - (a special cases of emotional injury and...

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TORTS I WEEK ONE FALL 2007 PROFESSOR GHOSH I. What is the subject of the Tort Law? A. Legal disputes over injuries other than breach of contract. B. Overlap with other areas of law such as property and statutory law. C. Distinguished from criminal law that deals with injuries to society broadly enforced by the state, rather than private individuals. D. But note 1. State can bring tort actions. 2. Tort Law can complement criminal law. 3. Tort Law can complement contract law. E. Two big issues across Tort Law 1. Standard of liability a. Negligence b. Intent based c. Strict Liability 2. Remedies a. Injunctive relief unusual. b. Damages include (1) Compensatory damages for recognized injuries
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Unformatted text preview: (a) special cases of emotional injury and economic loss (2) Punitive damages II. How to Read A Case: Walter v. Wal-Mart Stores Inc., p 5 A. Key things to look for 1. What court is case coming from? 2.. How did the case come to this court? 3. What are the facts of the case? 4. What does the case address and how? III. Tort Practice A. Sources of Law 1. Cases 2. Statutes 3. Restatements: Summary of Law B. Allocation of Responsibility 1. Individual 2. Respondeat Superior 3. Multiple Tortfeasors 4. Comparative responsibility 5. Insurance C. Role of the Lawyer 1. Representation of individual client 2. Social Actor...
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