Torts - Fall 2026 (Sections A&B)
Professor Johnson
Professor Johnson
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Attendance: Regular attendance is required in all courses. Failure to maintain regular attendance may be grounds for exclusion from a course. A student who misses class in a single course more than twice the number of times per week that the course meets will be referred to the Associate Dean for Academics, who may impose the sanction of exclusion from the course. Regardless of the Associate Dean’s decision to impose such sanction, a faculty member retains the discretion, consistent with their individual policy, to factor attendance into a student’s grade. This rule includes all classes, both on-campus or online/virtual sessions. Faculty will record attendance in each class meeting.
Preparation: Preparation is mandatory. Class participation will be considered in grading.
Questions: Out of class questions are invited. Please feel free to stop me after class, contact me during office hours or at any other time that is convenient for your schedule and mine.
Technology: The abuse of technological devices can be distracting to you, to your classmates, and to me, and can undermine the classroom experience for everyone. To this end, please refrain from displaying wallpaper, screen savers, or other material on your computer screen that may reasonably be expected to offend or distract your classmates. Please refrain from e-mailing, checking email, and messaging during class and limit web surfing to material related to the class. Please let me know if a classmate disregards these rules and is hindering your ability to learn.
Note-taking: Resist the temptation to take down everything that is said in class. Instead, process what is being discussed and be selective. Don’t let note-taking interfere with your thinking about what is being discussed.
Preparation: Preparation is mandatory. Class participation will be considered in grading.
Questions: Out of class questions are invited. Please feel free to stop me after class, contact me during office hours or at any other time that is convenient for your schedule and mine.
Technology: The abuse of technological devices can be distracting to you, to your classmates, and to me, and can undermine the classroom experience for everyone. To this end, please refrain from displaying wallpaper, screen savers, or other material on your computer screen that may reasonably be expected to offend or distract your classmates. Please refrain from e-mailing, checking email, and messaging during class and limit web surfing to material related to the class. Please let me know if a classmate disregards these rules and is hindering your ability to learn.
Note-taking: Resist the temptation to take down everything that is said in class. Instead, process what is being discussed and be selective. Don’t let note-taking interfere with your thinking about what is being discussed.
Assignments by Week:
Week 1:
Tuesday, August 25 - 1: Development of Liability Based Upon Fault: Read pages 1-10; Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas
Tuesday, August 25 - 2: Development of Liability Based Upon Fault (cont.): Read Pages 10-16
Thursday, August 27 (1 hour): Intent: Read Pages 27-38
Asynchronous Module for Intent (on Canvas) - due before class begins on Tuesday, September 1
Week 2:
Tuesday, September 1 - 1: Battery: Read Pages 45-55 (FYI - CALI exercise available on Battery)
Tuesday, September 1 - 2: Assault; False Imprisonment: Read Pages 56-66
Thursday, September 3 (1 hour): False Imprisonment (cont.); Intentional Infliction of Emotional Distress: Read Pages 66-79; Required CALI Exercise - Assault (Due before class begins on Thursday, September 10)
Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Tuesday, September 8
Week 3:
Tuesday, September 8 - 1: Trespass to Land: Read Pages 97-103; Read Bradley v. American Smelting and Refining Co.
Tuesday, September 8 - 2: Trespass to Land (cont.); Trespass to Chattels: Read Pages 104-114
Thursday, September 10: No physical class - two asynchronous modules
Asynchronous Module for Consent - due before class begins on Tuesday, September 15
Asynchronous Module for Privileges II - due before class begins on Tuesday, September 15
Week 4:
Tuesday, September 15 - 1: Defense of property; Recovery of property: Read Pages 167-180
Tuesday, September 15 - 2: Necessity, Discipline: Read Pages 180-187, 190-192
Thursday, September 17 - 1: Practice Exam (Intentional Torts) and Review
Thursday, September 17 - 2: Negligence: Introduction: Read Pages 193-205
Week 5:
Tuesday, September 22 - 1: Multiple Choice Exam (Week 5 Assessment)
Tuesday, September 22 - 2: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 205-218
Asynchronous Module for Negligence: Standard of Care (on Canvas) - due before class begins on Thursday, September 24
Thursday, September 24 (1 hour): Negligence: The Reasonable Person: Read Pages 227-235, 240-245
Week 6:
Tuesday, September 29 - 1: Negligence: The Reasonable Person: Read Pages 245-254; (FYI -CALI Exercises are available on the Standard of Care for Professionals, and Children and Others of Diminished Capacity)
Tuesday, September 29 - 2: Negligence: The Reasonable Person: Read Pages 254-275; Required CALI Exercise - Reasonable Person (Due before class begins on Tuesday, October 6)
Asynchronous Module for Alternate Standards of Care (on Canvas) - due before class begins on Thursday, October 1
Thursday, October 1 (1 hour): Negligence: Violation of a Statute (cont.): Read Pages 293-303
Week 7:
Tuesday, October 6 - 1: Proof of Negligence: Circumstantial Evidence: Read Pages 303-311
Tuesday, October 6 - 2: Res Ipsa Loquitor: Read Pages 311-321; McDougald v. Perry (FYI - CALI Exercise is available for Res Ipsa Loquitor)
Asynchronous Module for Res Ipsa Loquitor / Factual Causation (on Canvas) - due before class begins on Thursday, October 8
Thursday, October 8 (1 hour): Causation in Fact (cont.): Read Pages 340-344; Gentry v. Douglas Hereford Ranch
Week 8:
Tuesday, October 13 (1 hour): Causation in Fact (cont.): Read Pages 366-384
Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on Thursday, October 15
Thursday, October 15 - 1: Proximate Cause: Read Pages 395-412
Thursday, October 15 - 2: Proximate Cause: Read Pages 412-423, 428-433
Week 9:
Tuesday, October 20 (1 hour): Proximate Cause: Intervening Causes: Read Pages 434-444
Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on Thursday, October 22
Thursday, October 22 - 1: Proximate Cause: Public Policy: Read Pages 458-462, 526-527 (note 10) (FYI - CALI Exercise is available on Intervening Causes)
Thursday, October 22 - 2: Negligence: Duty of Care, Failure to Act: Read Pages 553-555, 565-570
Week 10:
Tuesday, October 27 - 1: Essay Exam (Week 10 Assessment)
Tuesday, October 27 - 2: Defenses to Negligence: Contributory and Comparative Negligence: Read Pages 749-765; (FYI - CALI Exercise is available for Comparative Fault and for Contributory Negligence)
Asynchronous Module for Assumption of Risk (on Canvas) - due before class begins on Thursday, October 29
Thursday, October 29 (1 hour): Defenses to Negligence: Assumption of Risk; Statutes of Limitation: Read Pages 772-789
Week 11:
Tuesday, November 3 - 1: Defenses to Negligence: Family Immunities: Read Pages 789-803
Tuesday, November 3 - 2: Defenses to Negligence: Charitable Immunity, Government Immunity: Read Pages 803-806, 818-825
Asynchronous Module for Premises Liability (on Canvas) - due before class begins on Thursday, November 5
Thursday, November 5 (1 hour): Practice Exam (Negligence) and Review
Week 12:
Tuesday, November 10 - 1: Damages: Read Pages 669-681; Skim Pages 681-691
Tuesday, November 10 - 2: Damages: Read Pages 691-698; Zimmerman v. Ausland; Skim Pages 698-700
Asynchronous Module for Punitive Damages (on Canvas) - due before class begins on Thursday, November 12
Thursday, November 12 (1 hour): Joint and Several Liability: Read Pages 463-476; (FYI - Several CALI Exercises are available that address Damages)
Asynchronous Module for Joint and Several Liability (on Canvas) - due before class begins on Tuesday, November 17
Week 13:
Tuesday, November 17 (1 hour): Joint and Several Liability: Read Pages 492-498
Asynchronous Module for Vicarious Liability (on Canvas) - due before class begins on Thursday, November 19
Thursday, November 19 (1 hour): Vicarious Liability (cont.); Strict Liability: Pages 853-856; Skim 866-868; Read 883-897
Week 14:
Tuesday, November 24 (1 hour): Strict Liability: Pages 897-913
Asynchronous Module for Private Nuisance (on Canvas) - due before class begins on Thursday, December 3
Asynchronous Module for Public Nuisance (on Canvas) - due before class begins on Thursday, December 3
Week 15:
Thursday, December 3: Exam Review (Reviewing Question 2 of 2001 Exam posted on Canvas).
Exam Period:
December 16 - 1:00: Final Exam
Week 1:
Tuesday, August 25 - 1: Development of Liability Based Upon Fault: Read pages 1-10; Post Introductory Video or Audio Clip to Canvas before the first class meeting per the Assignment Instructions on Canvas
Tuesday, August 25 - 2: Development of Liability Based Upon Fault (cont.): Read Pages 10-16
Thursday, August 27 (1 hour): Intent: Read Pages 27-38
Asynchronous Module for Intent (on Canvas) - due before class begins on Tuesday, September 1
Week 2:
Tuesday, September 1 - 1: Battery: Read Pages 45-55 (FYI - CALI exercise available on Battery)
Tuesday, September 1 - 2: Assault; False Imprisonment: Read Pages 56-66
Thursday, September 3 (1 hour): False Imprisonment (cont.); Intentional Infliction of Emotional Distress: Read Pages 66-79; Required CALI Exercise - Assault (Due before class begins on Thursday, September 10)
Asynchronous Module for Intentional Infliction of Emotional Distress - due before class begins on Tuesday, September 8
Week 3:
Tuesday, September 8 - 1: Trespass to Land: Read Pages 97-103; Read Bradley v. American Smelting and Refining Co.
Tuesday, September 8 - 2: Trespass to Land (cont.); Trespass to Chattels: Read Pages 104-114
Thursday, September 10: No physical class - two asynchronous modules
Asynchronous Module for Consent - due before class begins on Tuesday, September 15
Asynchronous Module for Privileges II - due before class begins on Tuesday, September 15
Week 4:
Tuesday, September 15 - 1: Defense of property; Recovery of property: Read Pages 167-180
Tuesday, September 15 - 2: Necessity, Discipline: Read Pages 180-187, 190-192
Thursday, September 17 - 1: Practice Exam (Intentional Torts) and Review
Thursday, September 17 - 2: Negligence: Introduction: Read Pages 193-205
Week 5:
Tuesday, September 22 - 1: Multiple Choice Exam (Week 5 Assessment)
Tuesday, September 22 - 2: Negligence: Introduction; Negligence: The Reasonable Person: Read Pages 205-218
Asynchronous Module for Negligence: Standard of Care (on Canvas) - due before class begins on Thursday, September 24
Thursday, September 24 (1 hour): Negligence: The Reasonable Person: Read Pages 227-235, 240-245
Week 6:
Tuesday, September 29 - 1: Negligence: The Reasonable Person: Read Pages 245-254; (FYI -CALI Exercises are available on the Standard of Care for Professionals, and Children and Others of Diminished Capacity)
Tuesday, September 29 - 2: Negligence: The Reasonable Person: Read Pages 254-275; Required CALI Exercise - Reasonable Person (Due before class begins on Tuesday, October 6)
Asynchronous Module for Alternate Standards of Care (on Canvas) - due before class begins on Thursday, October 1
Thursday, October 1 (1 hour): Negligence: Violation of a Statute (cont.): Read Pages 293-303
Week 7:
Tuesday, October 6 - 1: Proof of Negligence: Circumstantial Evidence: Read Pages 303-311
Tuesday, October 6 - 2: Res Ipsa Loquitor: Read Pages 311-321; McDougald v. Perry (FYI - CALI Exercise is available for Res Ipsa Loquitor)
Asynchronous Module for Res Ipsa Loquitor / Factual Causation (on Canvas) - due before class begins on Thursday, October 8
Thursday, October 8 (1 hour): Causation in Fact (cont.): Read Pages 340-344; Gentry v. Douglas Hereford Ranch
Week 8:
Tuesday, October 13 (1 hour): Causation in Fact (cont.): Read Pages 366-384
Asynchronous Module for Concurrent Causes (on Canvas) - due before class begins on Thursday, October 15
Thursday, October 15 - 1: Proximate Cause: Read Pages 395-412
Thursday, October 15 - 2: Proximate Cause: Read Pages 412-423, 428-433
Week 9:
Tuesday, October 20 (1 hour): Proximate Cause: Intervening Causes: Read Pages 434-444
Asynchronous Module for Proximate Cause (on Canvas) - due before class begins on Thursday, October 22
Thursday, October 22 - 1: Proximate Cause: Public Policy: Read Pages 458-462, 526-527 (note 10) (FYI - CALI Exercise is available on Intervening Causes)
Thursday, October 22 - 2: Negligence: Duty of Care, Failure to Act: Read Pages 553-555, 565-570
Week 10:
Tuesday, October 27 - 1: Essay Exam (Week 10 Assessment)
Tuesday, October 27 - 2: Defenses to Negligence: Contributory and Comparative Negligence: Read Pages 749-765; (FYI - CALI Exercise is available for Comparative Fault and for Contributory Negligence)
Asynchronous Module for Assumption of Risk (on Canvas) - due before class begins on Thursday, October 29
Thursday, October 29 (1 hour): Defenses to Negligence: Assumption of Risk; Statutes of Limitation: Read Pages 772-789
Week 11:
Tuesday, November 3 - 1: Defenses to Negligence: Family Immunities: Read Pages 789-803
Tuesday, November 3 - 2: Defenses to Negligence: Charitable Immunity, Government Immunity: Read Pages 803-806, 818-825
Asynchronous Module for Premises Liability (on Canvas) - due before class begins on Thursday, November 5
Thursday, November 5 (1 hour): Practice Exam (Negligence) and Review
Week 12:
Tuesday, November 10 - 1: Damages: Read Pages 669-681; Skim Pages 681-691
Tuesday, November 10 - 2: Damages: Read Pages 691-698; Zimmerman v. Ausland; Skim Pages 698-700
Asynchronous Module for Punitive Damages (on Canvas) - due before class begins on Thursday, November 12
Thursday, November 12 (1 hour): Joint and Several Liability: Read Pages 463-476; (FYI - Several CALI Exercises are available that address Damages)
Asynchronous Module for Joint and Several Liability (on Canvas) - due before class begins on Tuesday, November 17
Week 13:
Tuesday, November 17 (1 hour): Joint and Several Liability: Read Pages 492-498
Asynchronous Module for Vicarious Liability (on Canvas) - due before class begins on Thursday, November 19
Thursday, November 19 (1 hour): Vicarious Liability (cont.); Strict Liability: Pages 853-856; Skim 866-868; Read 883-897
Week 14:
Tuesday, November 24 (1 hour): Strict Liability: Pages 897-913
Asynchronous Module for Private Nuisance (on Canvas) - due before class begins on Thursday, December 3
Asynchronous Module for Public Nuisance (on Canvas) - due before class begins on Thursday, December 3
Week 15:
Thursday, December 3: Exam Review (Reviewing Question 2 of 2001 Exam posted on Canvas).
Exam Period:
December 16 - 1:00: Final Exam
Course Requirements and Grading: Grading for the course is based on:
Asynchronous Modules: A portion of the material for this course (less than 1/3) is taught through asynchronous course modules. While the modules are asynchronous, each module must be completed by the deadline provided for the module, because the subsequent synchronous classes in the semester will build on the material presented in the asynchronous modules. Thus, if the fourth class “meeting” for the semester is an asynchronous meeting, the fifth class meeting will likely present material that builds on the material presented in the fourth class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 16 asynchronous modules includes (1) reading assignments; (2) 2 or 3 videos to watch; and (3) 1 or 2 short CALI exercises to complete. Two of the modules includes an additional assignment requiring students to answer questions in short essay form.
"Grading" for the asynchronous modules is based on completion of the assignments for the modules in a timely manner. Thus, when you complete each CALI exercise, please remember to click on the button at the end of the lesson that “finalizes” your score. In addition, when you complete the short essay assignments for the module that includes that assignment, please remember to upload your assignment from the assignment page in Canvas. Finally, when you complete the assignments for each module, please remember to click on the “Mark as Done” Block on the module in Canvas to indicate that you have completed the module.
Grading for the Asynchronous Modules: There are a maximum of 100 points available for the asynchronous modules. Students must earn 70 points to "satisfactorily complete" the asynchronous modules. Points for the asynchronous modules are earned as follows:
In addition to the CALI exercises in the asynchronous modules, students must complete two additional CALI exercises that will be assigned. The exercises should be completed through the Lesson Link on the syllabus above.
- Week 5 assessment - multiple choice exam - closed book (15% of course grade);
- Week 10 assessment - essay exam - closed book (10% of course grade);
- Final exam - essays and multiple choice - part open book / part closed book (75% of course grade);
- Formative assessment exercises (CALI exercises; practice tests) (required, but not graded numerically);
- Satisfactory Completion of all Asynchronous Modules;
- Attendance
Asynchronous Modules: A portion of the material for this course (less than 1/3) is taught through asynchronous course modules. While the modules are asynchronous, each module must be completed by the deadline provided for the module, because the subsequent synchronous classes in the semester will build on the material presented in the asynchronous modules. Thus, if the fourth class “meeting” for the semester is an asynchronous meeting, the fifth class meeting will likely present material that builds on the material presented in the fourth class. For that reason, it is imperative that you complete each asynchronous course module by the deadline for the module.
Each of the 16 asynchronous modules includes (1) reading assignments; (2) 2 or 3 videos to watch; and (3) 1 or 2 short CALI exercises to complete. Two of the modules includes an additional assignment requiring students to answer questions in short essay form.
"Grading" for the asynchronous modules is based on completion of the assignments for the modules in a timely manner. Thus, when you complete each CALI exercise, please remember to click on the button at the end of the lesson that “finalizes” your score. In addition, when you complete the short essay assignments for the module that includes that assignment, please remember to upload your assignment from the assignment page in Canvas. Finally, when you complete the assignments for each module, please remember to click on the “Mark as Done” Block on the module in Canvas to indicate that you have completed the module.
Grading for the Asynchronous Modules: There are a maximum of 100 points available for the asynchronous modules. Students must earn 70 points to "satisfactorily complete" the asynchronous modules. Points for the asynchronous modules are earned as follows:
- Completion of modules - 2 points for on-time completion of each module; 1 point for late completion of each module (Maximum of 32 points for the 16 modules).
- Completion of CALI exercises - 2 points for each CALI exercise completed on-time; 1 point for each CALI exercise completed late (Maximum of 64 points for the 32 CALI exercises);
- Completion of short essay assignments in the modules - There are 2 modules that includes short essay assignments. Students earn 2 points for each assignment if the assignment is completed on-time and 1 point if the assignment is completed late. (Maximum of 4 points for the assignments).
In addition to the CALI exercises in the asynchronous modules, students must complete two additional CALI exercises that will be assigned. The exercises should be completed through the Lesson Link on the syllabus above.
Learning Outcomes
GOAL A: Develop and demonstrate an understanding of the purpose of tort law and the substantive law of torts to gain entry to and succeed in the practice of law.
Learning Outcomes: You will:
GOAL B: Recognize institutional biases in the law and understand the ways that lawyers can reduce or eliminate such biases.
Learning Outcomes: The student will:
GOAL A: Develop and demonstrate an understanding of the purpose of tort law and the substantive law of torts to gain entry to and succeed in the practice of law.
Learning Outcomes: You will:
- Know and apply substantive tort law principles.
- Understand the legal reasoning behind tort law principles.
- Understand and analyze the purposes of tort law liability.
- Consider the application of tort law in the past and in the future.
GOAL B: Recognize institutional biases in the law and understand the ways that lawyers can reduce or eliminate such biases.
Learning Outcomes: The student will:
- Recognize the operation and impact of systemic bias on tort law principles.
- Understand the opportunities for lawyers to reduce systemic bias in the law and legal institutions
AI Use:
If you wish to use AI tools for any aspect of your coursework, you must first obtain written permission from Professor Johnson. Requests will be considered on a case-by-case basis. If approved, you will receive specific guidelines for use and required attribution. Unapproved use of AI tools will be treated as plagiarism as defined by the University Honor Code.