Class 1

            What is a tort? A tort is a civil wrong, not arising from contract, recognized by a court. Often, tort suits begin when one private citizen goes to court and calls another to account—and seeks money in compensation for whatever that defendant allegedly committed.

            The first section of our course begins with an overview of the American tort system. As we’ll see, American tort law is many things. Tort law first reflects a highly contested vision of the obligations we owe to one another—and the reasons we hold private citizens liable for injuring one another. Tort law has at times shaped a variety of economic arrangements and social practices we often take for granted, from contingency fee lawyering to defensive medicine. Finally, American tort law has given rise to an exceptionally large and expensive system, in terms of both administrative costs and transfers to plaintiffs.

            In this section, we’ll study how these three dimensions of the tort system do (or do not) fit together. We’ll get a sense of why the American tort system is so large and what goals the system may serve. We’ll also consider alternatives to the tort system, first in considering one of the canonical American tort cases, Vosberg v. Putney. We’ll consider not only the law of Vosberg but also the reasons that the parties in the case chose to litigate rather than settle. For another perspective on alternatives to tort, we’ll briefly consider two funds that emerged in the aftermath of mass disasters, the 9/11 Fund and the BP Fund. Would such funds be a better option than the tort system? What are the tradeoffs inherent in either option?

            Next, we’ll consider why tort law functions so differently from some systems of social insurance. Tort law often requires compensation from a defendant only when that defendant has failed to take appropriate precautions. Other defendants often escape responsibility, no matter how serious the injuries they cause. Why might this be, and does it make sense?

            Finally, we’ll turn to what may be the most intuitive tort claims—those involving intentional harms. We’ll get a sense of what intent means in the context of torts and why we treat assault and battery as torts. What kinds of injuries count? How much does social context inform who does and does not get justice?