TORTS SYLLABUS-FALL 2016

Voice: 232-1477

Prof. Wendy Wagner

Email: wwagner@law.utexas.edu

Office: JON 5.238

Course Materials:
MARC A. FRANKLIN & ROBERT L. RABIN, TORT LAW AND ALTERNATIVES: CASES AND
MATERIALS (10th ed. 2016).
Course Supplement (available for purchase from the copy shop).
Course Handouts (usually distributed on Fridays).
Evaluation:
75% of your grade will be based on a 4-6 hour open-book exam. After grades have been
posted students will be provided with a comment sheet evaluating their exam.
Note: I will hold an extra, optional class to go over practice exam questions in
early November. I will also distribute some additional practice exam questions
near the end of the semester.
20% of your grade will be based on three writing assignments:
Assignment 1 (3%):
Handed out on Sept. 2. Due at the beginning of class on Sept. 9.
Assignment 2 (9%):
Handed out on Sept. 23. Due at the beginning of class on Oct. 14.
Assignment 3 (8%):
Handed out on Nov. 4. Due via email on Nov. 18 (we will not have class
that day).
Each of these assignments will be given a soft score (e.g., minus, check, or
plus) and students will be provided individualized feedback on each assignment.
The assignments will be submitted anonymously, however; Ms. Lee will work
with each student to develop an identifier to enable the anonymous grading.
5% of your grade will be based on a class participation score.
Several students will be assigned the role of designated hitters for each
class. You will generally have one week notice before the day that you
are assigned to serve as a designated hitter, but because we tend to run a
bit behind schedule on reading assignments, you may not know the exact
material we will be covering until the day before class. I will give you one
point for each day that you are a designated hitter and perform well.
These cumulative scores are then converted into numbers, weighted, and
factored into your final grade.
Voluntary participation is also welcome. As an added incentive for
voluntary participation, if your final score is just below the cut-off line for
a higher grade, I will raise your grade one increment (i.e., from a B to an
B+) if you frequently and voluntarily participated in class discussions in a
high quality way. These "Good Samaritan bump-ups" (as I call them) will

be done after the class scores have been fitted to the curve: They will not
affect grades of classmates or cause others to have their grades lowered
because of your valuable class contributions.
I will meet briefly with each of you, one-to-one, in mid-October to
discuss your participation as a designated hitter and to answer any
questions about the writing assignments.
Expected Workload:
On average, you should allocate approximately 1 to 2 hours/class to work through the
readings and class exercises. The typical torts reading assignment is around 10-20 pages
per day.
The writing assignments are more difficult to predict in terms of their workload demands.
Nevertheless, as a rule of thumb, you can expect something like the following:
Writing Assignment #1: 2 page, double-spaced memo. Allocate
approximately 3-6 hours.
Writing Assignment #2: 8 page, double-spaced memo. Allocate
approximately 20-30 hours.
Writing Assignment #3: revision and slight adjustments to 8-page memo.
Allocate approximately 6-10 hours.
Laptop Use in Class:
Because they have the potential to distract classmates and interfere with class
discussions, the use of laptops, smart phones, ipads, and any other kind of wireless
technology is prohibited during class. I can make exceptions for note-taking; please
contact me for special permission.
After-class Availability:
I will usually linger after class to answer questions. I will also have office hours on
Thursdays from 1:30-3:30 p.m. Please feel free to contact me by phone or email for an
appointment at another time/day.
Adjusted Schedule:
I will be attending an out-of-town meeting on Sept. 23 and a longer conference in
Germany on Nov. 16-18, so those four class periods will be cancelled (your last writing
assignment is due on that Friday, Nov. 18, though; I dont want to give you too much
time away from torts). To make up for the lost time, we will adjust our class time slightly
so that we start class at 9:00 am on Thursdays and Fridays. I am hoping that this 10minute adjustment will be the most painless way to make up for the cancelled classes.
Course Outline:
I.

INTENTIONAL TORTS

Assault
Battery
False Imprisonment
Intentional Infliction of Emotional Distress
Defenses/Privileges
II.

NEGLIGENT CONDUCT
Introduction to tort of Negligence
Historical Development
The Central Concept
The Role of Custom and Statutes
Proof
Medical Malpractice

III.

CAUSATION
Cause in Fact
- Evidence Problems
- Multiple Defendants
Proximate Cause

IV.

SPECIAL DUTIES
Obligation to Others
Landowners and Occupiers
Governmental Entities
Vicarious Liability

V.

HARM AND DAMAGES

Non-physical harm
Damages for Physical and Non-physical harm

VI.

DEFENSES
The Plaintiff's Fault
Assumption of Risk
Comparative Negligence

VII.

STRICT LIABILITY

VIII.

PRODUCTS LIABILITY

IX.

TORT REFORM