SOLUTIONS MANUAL
Tort Law 6th Edition J. Stanley Edwards
CHAPTER
1
Overview of Tort Law
SUGGESTED DISCUSSION
Since your discussion of Chapter 1 will probably be your first, or at least one of your first,
discussions in this class, you might want to do some kind of exercise beforehand that will serve to
“break the ice.” If you want your students to feel comfortable participating, you must create an
atmosphere of trust and acceptance. Since most people’s favorite topic is themselves, a good
exercise is having them introduce themselves by telling about their career goals, their educational
and work experiences, their hobbies and interests, and/or their motivation for becoming legal
assistants. Alternatively, you can put them in pairs and have them introduce each other.
Questions such as What do you like best about yourself? or What is your favorite animal (movie,
song, cartoon character, etc.)? enliven the discussion. No matter what questions are asked, students
will have an opportunity to break the “sound barrier” by expressing themselves at least once in
class without any threat of censure.
Once you have made an effort to make the students feel comfortable, you might open your
discussion of tort law with a consideration of some policy questions. Policy questions are some of
the most intriguing questions that arise in tort law. A key question that has plagued practitioners
and academicians is the question regarding the distribution of losses. Students need to identify
their particular biases in answering this question. Do they think, for example, that anyone who
injures another, whether intentionally, negligently, or without any fault, should be responsible
for compensating the victim? Or do they believe that victims should have to bear their own losses if
no one is morally responsible for the harm that occurred to them? Consideration of these questions
will allow them to better understand their reactions to the courts’ decisions that they read
throughout the semester, as well as the lack of consensus among their peers, as to how disputes
should be resolved. Therefore, time spent at the beginning of the semester (quarter) dealing with
this basic philosophical premise is time well spent.
To give you some idea of students’ perspective on this issue, as well as some insight into their
writing abilities, you might have them write a one- or two-page paper addressing this question
in the context of a hypothetical. Consider the following scenarios or the questions raised at the
beginning of the chapter as possible contexts in which to raise this question.
• A twelve-year-old child whose parents are chronic smokers develops a severe case of asthma,
which a medical doctor ascribes, in part, to his exposure to secondhand smoke. Medical
studies are available to prove the deleterious effects of secondhand smoke. Should the
cigarette manufacturer and/or the parents be held liable for the child’s injuries?
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• A psychotherapist interviews a young man who is exhibiting agitated and aberrant behavior
and determines that this condition can be controlled by medication and declines to
institutionalize the young man. The mother begs the psychotherapist to hospitalize her son
because she fears he is potentially violent. A week later the young man kills his mother while
suffering from delusional behavior. Should the psychotherapist be held liable for the
woman’s death?
• Two neighbors become involved in a shouting match. One neighbor is aware that the other
has a heart condition but continues to argue even when the man with the heart condition
becomes extremely agitated. The argument ends abruptly when the man with the heart
condition succumbs to a heart attack, which, although not fatal, renders him incapacitated for
the remainder of his life. Should the neighbor be held liable for his contribution to the
victim’s pain and suffering?
• A woman develops neurological symptoms including joint pain and loss of control of her jaw
and tongue muscles after taking an antidepressant. The manufacturer of the antidepressant
claims it was unaware of the possibility of such symptoms. Should the woman be able to sue
the manufacturer for her damages?
After having the students write about one or more of these scenarios, involve them in a class
discussion. This will give them an opportunity to hear the reactions of their peers and to be
exposed to ideas they might not have otherwise considered. Limit your role to that of a
facilitator, serving only to keep the discussion on point and to raise questions no one else has
considered.
QUESTIONS FOR STUDENTS
1. What are some purposes of tort law?
2. What is a tort?
3. How does the concept of reasonableness relate to tort law?
4. What place do public policy arguments and morality play in tort law?
5. What is a slippery-slope argument, and how does it affect court decisions?
6. How do each of the following relate to tort law?
a. Case law
b. Statutes
c. Restatement of the Law of Torts
7. What are the primary differences between tort law and criminal law?
8. What are the primary differences between tort law and contract law?
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ANSWERS TO REVIEW QUESTIONS
1. What are some of the purposes of tort law?
The primary purpose of tort law is to provide compensation to those injured by civil
wrongs. Tort law helps provide acceptable standards of civil conduct by providing remedies
for infractions. Tort law provides an avenue to obtain a just result without the need for
personal vendettas.
2. What is a tort?
It is a civil wrong for which a victim receives compensation in the form of damages.
3. How does the concept of reasonableness relate to tort law?
The common thread interweaving most torts is the notion that socially unreasonable conduct
should be penalized and those who are its victims should be compensated.
4. What place do public policy arguments and morality play in tort law?
Tort law often goes beyond compensating individuals and considers, more broadly, the
interests and goals of society at large and the community in which we live. These interests
are often referred to by the courts as public policy concerns.
5. What is a slippery-slope argument, and how does it affect court decisions?
That use of an argument in one case will allow application of that same argument in
innumerable other cases. The metaphor is used to show that once you take the first step, it is
too easy to fall down the slippery slope to the bottom of the hill, presumably into a morass
of undesirable outcomes. The slippery-slope argument is, in essence, an administrative
concern. The courts fear that if it finds negligence on behalf of the sympathetic plaintiff
before it, hundreds of thousands of similarly situated individuals or those whose situations
are analogous to the case will also seek similar redress.
6. How do each of the following relate to tort law?
a. case law—Tort law is largely a product of case law, which involves case-by-case
decision making by the state courts.
b. statutes—The decision-making process of case law is affected, to some degree, by
statutes, which the courts are mandated to follow unless statutory gaps exist that leave a
court with unanswered questions.
c. Restatement of the Law of Torts—A guideline that courts use in formulating their
holdings. The Restatement was compiled by eminent legal scholars and practitioners in
an attempt to provide lawyers and judges with black-letter principles (legal principles
generally accepted by the legal community) of tort law.
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7. What are the primary differences between tort law and criminal law?
Although the two share several similarities, they differ in terms of the interests affected, the
remedy granted, and the standard of proof procedural mechanisms used. A crime is
considered an offense against society, whereas a tort is an offense against another individual
or group of individuals. The purpose of prosecuting someone who has committed a crime is
to vindicate the interests of society by punishing the offender. The purpose of suing in tort,
in contrast, is to compensate the victim.
8. What are the primary differences between tort law and contract law?
Tort law differs from contract law in terms of the voluntariness of entering into an
agreement. When two or more parties create a contract, they each agree to give up
something in return for receiving some benefit. In a contract action, the parties have
voluntarily and knowingly assumed duties or obligations to others. In tort law, by contrast,
duties are imposed by the law without the express consent or awareness of those involved.
TORT TEASERS
Reasons for Holding Manufacturers Liable
The manufacturer can better afford to bear the losses caused by the child’s injuries than can the
family.
The manufacturer should bear the responsibility for any damages caused by a product it puts
into the stream of commerce.
The manufacturer had an obligation to insure that the drug caused no untoward side effects
before putting it on the market.
If certain side effects were possible, even though unlikely, the manufacturer had an
obligation to warn consumers.
Reasons for Absolving Manufacturer of Liability
A manufacturer should not be expected to bear the responsibility for every conceivable loss
suffered by consumers, irrespective of the likelihood of such a loss occurring.
Holding manufacturers responsible for all damages that stem from their products will result
in the financial ruin of, or at the very least, financial instability of manufacturers.
Holding manufacturers responsible for all damages that stem from their products could
deter technological advancement.
Unless a manufacturer acts negligently or recklessly, consumers should expect to bear the
burden of the losses they suffer.
