美國侵權法

Welcome to Torts!! Tort law, in simplified definition, consists of the rules governing civil suits for injuries caused by wrongs to others. Tort cases are as varied as human activities that create risks of injury. In a motoring society, vehicle accidents are ubiquitous. The product that explodes in someone’s face, electrocutes its user, or cuts off a limb may become the subject of suit under a classification in tort law, known as products liability. A doctor who provides substandard health care may face litigation under the law of medical malpractice. A government that fails to give police protection to an informant might be subject to tort liability for the revenge killing of that person. When an airplane blows up, that occurrence may create a number of tort actions against defendants that include the carrier, the maker of the craft, and governments, both foreign and domestic. Even the most mundane of everyday incidents, including those literally in one’s own backyard, may be torts. Limbs fall from one person’s tree onto a neighbor’s home. People slop and fall on oily substances on the supermarket floor. It is the job of tort law to sort out the justice of these cases within the complex and sometimes contradictory desires of the broad society, of various classes within society, and even of individuals themselves. This course explores intentional torts, negligent torts and strict liability torts. You need to finish the weekly reading assignments before the weekly class. The reading assignments cover important cases of Tort law. In the class, we will organize the basic principles of tort law based on those cases. The Goals of this Course 1. Mastering the core concepts and doctrines of tort law and how to apply them to tort cases. 2. Being familiar with leading cases of tort law. 3. Practicing multiple- choice and essay questions of torts. Expected Learning Outcomes 1. Students who achieve this course should master the core rules of doctrines of American tort law. 2. Students should be able to illustrate the origin cases, public policies of those rules and how to apply them to real cases. 3. Students are expected to present leading cases of American tort law fluently after they take this course.

不必具備法律基礎知識,但應有良好的英文閱讀能力。

Reading assignments will be uploaded on e-campus

1. Attendance: 4% If you cannot attend to any lecture, please email映辰 and cc to me with your reasons before the class time. If you have a reasonable cause for your absence, I will not deduct your points of attendance. Otherwise, your points of attendance will be deducted due to your absence. We have seventeen classes in this semester. I will not deduct your points of your absence without on- time reasons for the first time. However, from the second time, I will deduct 0.25 points of each absence without an on-time email with reasons. 2. Performance During the Lessons: 6% Participation is important to this course. Please share your thoughts with the class and give others your feedbacks after you hear their opinions. Everyone needs to contribute in classes. 3. Case-leading: 20% We will read many cases in this semester. (Do not worry about the quantity. Most of the cases are very short.) You are responsible for one or two classes' cases as groups. You are supposed to give us a short introduction about your responsible cases and answer some questions. Your performance of such introduction and answers count 20 points. 4. Quizzes: 35% We will have 11 quizzes in the beginning of the most classes. The quizzes help you to review the previous class by 3-5 multiple-choice question. You need to take at least 7quizzes. Each quiz counts 5 points. If you take more than 7 quizzes. I will count 7 of them which you have better performance. 5. Researchh Paper: 35% You are required to do a research paper for this course. After introducing the tort law system in the U.S. generally, please find a decision from courts in Taiwan and provide your criticism and great ideas about the decision from what you have learned in this American Torts course (3000 words are enough) (Writing in Chinese is acceptable.)

• 講授
• 案例研討

推薦教科書、參考資料、預習書單: MARSHALL S. SHAPO, PRINCIPLES OF TORT LAW (2003). VICTOR E. SCHWARTZ ET AL, PROSSER, WADE AND SCHWARTZ’S TORTS (2006)

地點

MB404

時間

Saturdays 14:30-15:20PM

聯絡方式

chiangwt@nctu.edu.tw