TORTS SYLLABUS
Fall 2022
Law 517, Torts, 4 credits
Class Meeting: T/Th 10:05-12:00, Room 450
Professor: Jones
Office number: 484
Email address: abigail.l.jones@asu.edu
Office Hours: Thursdays 1:30-2:30 in my office unless otherwise notified (Note: office hours
are a time when all Torts students can come to my office. If you want to meet to discuss
something personal, please make an appointment)
Zoom Link: https://asu.zoom.us/j/5083519455
COURSE OBJECTIVES
This course discusses legal protections of personalty, property, and relational interests against
physical, economic, and emotional harms.
LEARNING OUTCOMES
By the end of this course, you will:
A. Understand the principles and elements of intentional torts.
B. Understand the principles and elements of negligence.
C. Be able to identify defenses to various torts.
D. Know which elements must be pled to state a tort claim,
E. Understand the remedies available for various types of tort claims.
GRADING
This class will be graded in accordance with the College of Law’s grading policy for classes of
more than 20 students. You will take a midterm and then a comprehensive 3-hour final exam
at the end of the semester. We will discuss the format of the exams as they approach. Your
grade will be based primarily on your performance on these exams, weighted as follows:
Midterm = 10%*
Final Examination = 90%
*The midterm will be given the week before Fall Break. If you are not able to take it by the
end of Fall Break, you will not have the opportunity to take it, and your grade will be based
100% on your final exam.
TORTS SYLLABUS
ATTENDANCE AND ACCOMMODATION
This is a mandatory attendance class. You are expected to be prepared when called upon and
to contribute productively to class discussions. In accordance with College of Law policy,
your grade may be impacted negatively if you are absent or unprepared without a valid reason.
Therefore, you may receive a failing grade if you miss more than three class sessions.
Unfortunately, some of our scheduled class times may conflict with religious holidays. Our
class will be held as scheduled unless the University is officially closed on those holidays.
However, an absence for religious reasons is excused if you send me an email notice of your
absence prior to class.
REQUIRED TEXT
We will be using the textbook Torts and Compensation Concise Edition (8th ed.) by Dobbs,
Hayden and Bublick (West Academic Publishing) ISBN: 978-63460-818-3
Supplemental readings may be posted on the Canvas site for this class during the semester.
Teaching Assistants:
My Teaching Assistants and their office hours this semester are:
Rob Curl: robwcurl@gmail.com
Office Hours: Wednesdays at 3:30-4:30
Via Zoom. Link: https://asu.zoom.us/j/81594602436
Ashley Lin: yclashley@gmail.com
Office Hours: Mondays 9:00-10:00
Via Zoom. Link: https://asu.zoom.us/j/9031239403
TORTS SYLLABUS
Casebook Pages/ Other
Class Date Topic
Materials
1 8/18 Intro to Torts & Procedures at Trial 3-10, 19-28
Intentional Torts
2 8/23 Assault & Battery 28-41
3 8/25 False Imprisonment & Trespass to Land 42-53
4 8/30 Defenses to Intentional Torts, Part 1 McNeil v. Parker (posted
under “files” on Canvas)
64-75
5 9/1 Defenses to Intentional Torts, Part 2 75-88
9/6 Negligence
6 9/8 Negligence Preview and the Duty of Care 91-108
7 9/13 The Duty of Care and Negligence Per Se 108-120
8 9/15 Breach of Duty, Part 1 121-140
9 9/20 Breach of Duty, Part 2 140-146, 149-158
10 9/22 Breach of Duty, Part 3 158-176
11 9/27 Actual Harm & Factual Cause 177-188, 192-194
12 9/29 Proximate Cause, Part 1 205-220, 224-25
13 10/4 Review
14 10/6 Midterm
Fall Break
TORTS SYLLABUS
15 10/18 Proximate Cause, Part 2 225-239
16 10/20 Defenses to Negligence, Part 1 – Contributory & 243-266
Comparative Negligence
17 10/25 Defenses to Negligence, Part 2 – Assumption of 273-291
the Risk
Other Topics
18 10/27 Changing the Duty of Care 314-339
19 11/1 Duties of Healthcare Providers 341-358
20 11/3 Nonfeasance 407-422
21 11/8 Duty to Protect from 3rd Persons 443-452, 460-470
22 11/10 Emotional Harm 475-494
23 11/15 Products Liability 583-601
24 11/17 Products Liability, Part 2 601-617
25 11/22 Damages 649-676
26 11/24 Review
TORTS SYLLABUS
ACADEMIC INTEGRITY
All students are subject to ASU Law’s Academic Integrity Code. The Code “is intended to
preserve the integrity of the educational process at the Sandra Day O’Connor College of Law, to
promote principles of ethics and professional responsibility, and to ensure an environment in
which students can advance their education fairly and confidently. In addition, integrity and
honesty are important elements of every state’s bar admissions process.”
“The Code is not self-enforcing, nor can it be enforced by the faculty or administration alone. Its
value depends upon the commitment of students to its norms. Not only must students observe it
individually, but they should actively discourage their peers from committing any ethical or
academic violation. We expect any student who has personal knowledge of an AIC violation to
report that violation to the dean’s designee.” Students are obligated to abide by this Code, which
can be found at https://law.asu.edu/cs/student-resources.
Students are also subject to ASU’s Student Code of Conduct, which among other things prohibits
engaging in conduct that constitutes discrimination or harassment on the basis of race, sex,
religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital
status, or socioeconomic status and may be subject to discipline by the University according to
ASU’s Student Code of Conduct Procedures. 1 Anyone who becomes aware of such conduct by
a student should contact the law school’s Director of Student Services or report it directly to the
Dean of Students Office.2
ATTENDANCE POLICY
The regular attendance policy remains in effect. This means students may be removed from a
class for excessive absences, which for regular classes is defined as 15% of the class meeting
times.
Per Section IV.B. of the JD Statement of Student Policies,
Attendance at classes, seminars, and other offerings is an essential element in successful
academic performance. An instructor in any law school course, seminar, or other offering may
withdraw a student for excessive absence.
Withdrawal for excessive absence in any course, seminar, or other offering shall presumptively
be recorded as a failing grade (E). Students who believe that they have good cause for failing to
attend may petition a committee designated by the dean, which any in tis discretion convert the
grade to a W.
“Excessive absence” is defined as unexcused absence from more than 20% of class or other
instructional time. For courses the administration designates as a “special attendance course” and
which are so noted in the course description and syllabus, faculty may define excessive absence
differently.
TORTS SYLLABUS
Students should notify the instructor at the beginning of the semester about the need to be absent
from class due to religious observances or due to university sanctioned events/activities pursuant
to ASU’s Academic Affairs Manual §§ 304-04 and 304-02.
CLASSROOM BEHAVIOR
Respect for the thoughts, ideas, and speech of classmates and faculty is the foundation of the
educational process. Threatening behavior in the classroom will be dealt with in accordance with
SSM § 104-02, which requires that “all incidents and allegations of violent or threatening
conduct by an ASU student (whether on- or off-campus) must be reported to the ASU Police
Department and the Office of the Dean of Students.”
The use of electronic devices during class is prohibited with the exception of laptops used for
class purposes. Recording the class in any manner without the permission of the instructor is
prohibited.
POLICY ON THREATENING BEHAVIOR
Students, faculty, staff, and other individuals do not have an unqualified right of access to
university grounds, property, or services.
Interfering with the peaceful conduct of university-related business or activities or remaining on
campus grounds after a request to leave may be considered a crime.
DISABILITY ACCOMMODATIONS
Per ASU Law and university policies,
Per ASU Law and university policies, “the College of Law will provide reasonable
accommodations for students with documented disabilities. College of Law accommodations can
be made after the student requesting accommodations has met with the Student Accessibility and
Inclusive Learning Services (SAILS) staff and eligibility has been established. Accommodations
that fundamentally alter the prescribed course of studies must be approved by the College of
Law. Students with disabilities that require accommodation(s) and/or adjustments should contact
the law school registrar to make arrangements for the SAILS-approved accommodations.”
TITLE IX
Title IX is a federal law that provides that no person be excluded on the basis of sex from
participation in, be denied benefits of, or be subjected to discrimination under any education
program or activity. Both Title IX and university policy make clear that sexual violence and
harassment based on sex is prohibited. An individual who believes they have been subjected to
sexual violence or harassed on the basis of sex can seek support, including counseling and
academic support, from the university. If you or someone you know has been harassed on the
basis of sex or sexually assaulted, you can find information and resources at
https://sexualviolenceprevention.asu.edu/faqs.
TORTS SYLLABUS
As a mandated reporter, I am obligated to report any information I become aware of regarding
alleged acts of sexual discrimination, including sexual violence and dating violence. ASU
Counseling Services, https://eoss.asu.edu/counseling, is available if you wish discuss any
concerns confidentially and privately. ASU online students may access 360 Life Services,
https://goto.asuonline.asu.edu/success/online-resources.html.
SYLLABUS REVISIONS
Information in this syllabus, other than grading and attendance policies, is subject to change with
reasonable notice.
COPYRIGHT MATERIAL
Pursuant to § 304-06 of the Academic Affairs Manual, “all contents of the lectures, including
written materials distributed to the class, are under copyright protection.”
In accordance with ACD 304-10, students must refrain from uploading to any course shell,
discussion board, or website used by the course instructor or other course forum, material that is
not the student's original work, unless the students first comply with all applicable copyright
laws; faculty members reserve the right to delete materials on the grounds of suspected copyright
infringement.
Students may not share class materials outside the class, including uploading, selling or
distributing course content or notes taken during the conduct of the course. Any recording of
class sessions is authorized only for the use of students enrolled in this course during their
enrollment in this course. Recordings and excerpts of recordings may not be distributed to others.
EATING/DRINKING
No eating is allowed in the classroom. Drinking is allowed as long as you use a straw and do not
remove your face cover.
CLASS RECORDINGS
Students may use class recordings for an educational purpose only.
COVID POLICIES
Covid policies are available at https://eoss.asu.edu/health/announcements/coronavirus