Southwestern Law School Los Angeles, CA

Foundations of Tort Law Seminar

762B | 2.0 credits


This seminar explores the moral, political and economic foundations of tort law. Students will analyze the law from various perspectives, including corrective justice, economic efficiency and critical legal studies. Applying these perspectives, students examine such traditional tort concepts as causation, fault, strict liability, punitive damages and assumption of risk. The seminar also considers recent trends in tort law which alter or eliminate many of these concepts. These trends include collectivizing litigation in mass tort cases, establishing compensation and insurance systems for tort-related accidents, initiating tort reform measures in medical malpractice and products liability cases, recognizing private and public lawsuits against the makers of legal products like cigarettes and high-fat foods, permitting enterprise or market share liability theories which require little or no proof of causation, and compensating individuals for mere exposure to risk.