📚 Episode Summary:
It’s finals season, and we’ve got your 1L torts essay prep covered.

In this episode of American Law Café, we walk through five realistic essay-style fact patterns, each one modeled after the types of questions you're likely to see on your 1L torts final. From intentional torts and emotional distress to comparative fault and assumption of risk, these examples are designed to help you sharpen your issue-spotting, structure clear IRAC answers, and master the rules that matter most.

In this episode we cover:

1. Trespass to Chattel vs. Conversion
   How much misuse turns a simple trespass into conversion? We break it down using a neighbor’s off-road mower joyride gone wrong.
2. Landowner Liability and Wild Animals
   A zoo visitor ignores signs and jumps into a monkey enclosure—can he still recover? Learn how entrant status (invitee vs. trespasser) shapes landowner duties.
3. IIED and the Boundaries of Outrageous Conduct
   A labor protest targets a company CEO. Is it tortious, or just tough speech? We unpack the elements of Intentional Infliction of Emotional Distress in a high-stakes workplace context.
4. Comparative Fault in Tennessee (49% Bar Rule)
   A jogger gets injured after running in traffic during dense fog—can she recover? Learn how Tennessee's unique comparative fault rule could make or break the case.
5. Negligence and Assumption of Risk on a Zip Line
   Does signing a waiver mean you assume every risk? We examine what happens when staff negligence—not the ride itself—causes the injury.

🎯 These hypos aren’t just review—they’re modeled to reflect what professors love to test: multiple issues, competing arguments, and classic tort doctrines under pressure. Perfect for practice or review before you walk into your exam.

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📚 Episode Summary:
In this power-packed episode of American Law Café, we walk you through the entire landscape of tort law—perfect for 1Ls prepping for finals or anyone needing a comprehensive refresher. From the building blocks of intentional torts to the complexities of strict liability and products liability, this episode simplifies everything you need to know—organized in the same format your professors expect.

We cover:

• The core elements of battery, assault, false imprisonment, IIED, trespass, conversion—and their affirmative defenses like consent, self-defense, and necessity.
• How to approach negligence with clarity: duty, breach, causation, and harm—plus doctrines like res ipsa loquitur and the eggshell skull rule.
• A deep dive into premises liability, attractive nuisance, and professional malpractice.
• Defenses like contributory negligence, comparative fault, and assumption of risk, with real-case examples.
• The logic behind strict liability, including wild animals, abnormally dangerous activities, and defective products.
• Wrap-up sections on defamation, privacy torts, nuisance, and how to handle multiple defendant liability.

💡 Whether you’re outlining, issue spotting, or organizing your thoughts for an essay exam, this episode brings together all the moving parts of tort law into one cohesive, accessible review.

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🎧 Episode Summary:
Welcome to today’s episode, where we dive deep into the remedies available when a contract goes sideways. This essential 1L review breaks down the major types of contract damages and explains not only what they are—but why courts use them.

We begin by unpacking the “Big Three”: expectation, reliance, and restitution damages, using the unforgettable case of Sullivan v. O’Connor to show how each measure works in practice. Then, we turn to consequential damages, where Hadley v. Baxendale still reigns as the guiding star for foreseeability in breach-of-contract claims.

We’ll explore liquidated damages, when they’re enforceable, and when they cross the line into unenforceable penalties—as in the Sprint early termination fee case. You’ll also hear how nominal, emotional, and punitive damages function at the edges of contract law, and why courts rarely award anything that smells like punishment in a breach-of-contract case.

From disfigured noses to delayed crankshafts, this episode covers the full spectrum of contract damages—complete with case law, Restatement rules, and practical takeaways to help you tackle hypos with confidence.

Whether you're prepping for your Contracts final or brushing up on remedies, this episode is your go-to crash course. Thanks for joining us at the American Law Cafe.

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 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov. 

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🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
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In this episode, we cover key aspects of Tennessee tort law, focusing on:

• The shift from contributory negligence to modified comparative fault (49% rule) 📉
• Key defenses like assumption of risk 🛡️, negligence per se, and the last clear chance doctrine ⏳
• Premises liability 🏠 and employer liability 👔
• Exculpatory agreements and their enforceability ⚖️
• The role of the jury in negligence cases 👩‍⚖️👨‍⚖️

Tune in to understand how Tennessee courts balance fairness, foreseeability, and reasonableness in negligence cases! 

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Core Concepts:

Warranty: A factual representation in contracts that, if untrue, can lead to a breach.

• Express Warranty: Clear and specific promises, such as "This car will last 100,000 miles."
• Implied Warranty: Legal guarantees, like goods being fit for ordinary use.
• Puffery: Exaggerated claims that typically aren't actionable but may lead to fraud if false.
• Misrepresentation: False statements or omissions that lead to a contract.
• Economic Loss Doctrine: Limits tort claims for economic losses when contract remedies are available.
• Promissory Estoppel: Allows recovery when a promise is relied upon, but does not apply when a formal contract exists.

Legal Cases:

Rogath v. Siebenmann: Buyers can enforce warranties even if they have prior knowledge of potential issues.

V.S.H. Realty, Inc. v. Texaco, Inc.: "As is" clauses don't protect sellers from liability for misrepresentation or partial disclosure.

All-Tech Telecom, Inc. v. Amway Corp.: The economic loss doctrine prevents tort claims when contract remedies exist.

Key Takeaways:

• Warranties are fundamental for trust in contracts, and violations can lead to legal action.
• Sellers must fully disclose all material facts; partial disclosure is insufficient.
• To enforce warranties, buyers must prove they relied on them as part of the agreement.
• Contractual remedies are preferred over tort claims for economic losses.
• Promissory estoppel is not applicable if there's a formal contract in place.
• The sophistication of the parties can affect how clauses like "as is" are interpreted in court.

Conclusion: This episode highlights the significance of clear contracts, complete disclosure, and understanding legal doctrines such as warranties and misrepresentation in commercial transactions. These principles shape how courts resolve disputes in contract law.

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Criminal Procedure Mid-Term Recap

I. Introduction
This document outlines core criminal procedure principles, focusing on the U.S. and Tennessee constitutions, especially the 4th and 5th Amendments. It highlights key stages from pre-trial rights to search laws, noting the interplay between individual rights and law enforcement, as well as differences between federal and state law, with Tennessee often offering greater protections.

II. Constitutional Foundations

• Federal vs. State Law: U.S. Constitution applies federally, with the Supreme Court as the final authority. Tennessee Constitution provides similar rights, sometimes broader, with the state court as the final authority.
• Probable Cause: A "prompt" probable cause hearing is required after a warrantless arrest (within 48 hours), as per Gerstein v. Pugh and County of Riverside v. McLaughlin. Tennessee immediately follows with a bail hearing.

III. Pre-Trial Rights

• Bail: Guaranteed under Tennessee law, with exceptions for capital offenses. Bail must be reasonable, and excessive bail is prohibited (Stack v. Boyle).
• Pre-Trial Detention: Can be based on future dangerousness, with procedural safeguards (United States v. Salerno).
• Due Process: Fundamental rights, like the right to counsel (Powell v. Alabama), are guaranteed in both federal and state courts, with certain rights applied through selective incorporation (Malloy v. Hogan).

IV. 4th Amendment: Search and Seizure

• Core Protection: Protects against unreasonable searches and seizures, requiring warrants supported by probable cause.
• Probable Cause: Based on reasonable belief of criminal activity or evidence.
• Exclusionary Rule: Evidence obtained illegally is inadmissible (Mapp v. Ohio). Exceptions include the good faith exception (Leon) and inevitable discovery (Hudson).
• Key Cases: Katz v. United States (privacy), California v. Greenwood (garbage), Florida v. Riley (helicopter surveillance), United States v. Jones (GPS tracking).
• Search Exceptions: Include exigent circumstances, automobile searches, and searches incident to arrest. Consent searches do not require warrants.

V. 5th Amendment: Due Process
Ensures fair legal proceedings, prohibits self-incrimination, and mandates hearings before life, liberty, or property can be taken. Due process protections are extended through selective incorporation.

VI. Key Themes and Takeaways

• Balancing Rights and Safety: Criminal procedure balances individual rights and public safety.
• Federalism: States may provide greater protections, but not less, than the federal constitution.
• Warrant Requirements: Warrants must be specific, and probable cause must be based on concrete facts.
• Evolving Law: The Supreme Court continually refines constitutional protections, especially regarding search and seizure.

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🎙️ Podcast Post: Exploring Duty and Liability in Tennessee Alcohol-Related Cases

This episode dives into Tennessee law on negligence, duty of care, and liability in alcohol-related accidents. We unpack landmark cases that define the responsibilities of employers, passengers, commercial vendors, social hosts, and even gasoline suppliers when their actions contribute to harm caused by intoxicated individuals.

Key Topics Covered:

• Negligence and Duty of Care: Understanding when a duty exists and how it’s breached in alcohol-related incidents.
• Proximate Cause and Foreseeability: How courts determine if harm is closely connected to the defendant’s actions.
• Liability Principles: Exploring joint and several liability and its application when multiple parties are involved.

Case Highlights:

• Lett v. Collis Foods, Inc., 60 S.W.3d 95 (Tenn. Ct. App. 2001): Why employers are generally not liable for off-duty intoxicated employees.
• Cecil v. Hardin, 575 S.W.2d 268 (Tenn. 1978): Passenger liability and its limits, including dissenting views on "concerted criminal conduct."
• Worley v. Weigels, Inc., 919 S.W.2d 589 (Tenn. 1996): Tennessee’s Dram Shop Law and limited vendor liability.
• Biscan v. Brown, 160 S.W.3d 462 (Tenn. 2005): Social hosts’ responsibilities in underage drinking cases.
• West v. East Tennessee Pioneer Oil Co., 172 S.W.3d 545 (Tenn. 2005): Extending liability to suppliers for negligent entrustment of goods.

This episode offers practical insights into Tennessee’s approach to liability in alcohol-related cases, highlighting the factors courts consider when assigning responsibility.

🎧 Tune in to understand how legal duties evolve and prepare for your next case discussion or exam!

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🎙️ New Episode: Breaking Down Negligence in Torts Law!

This week, we delve into the foundational principles of negligence in tort law, focusing on key elements, doctrines, and case law to help you master this critical topic for your exams.

Here’s what we cover:

• Negligence Defined: Learn how negligence differs from intentional torts, focusing on duty, breach, causation, and damages.
• Proving Breach of Duty: Explore the doctrine of Res Ipsa Loquitur ("the thing speaks for itself") and its application in cases like Sullivan v. Crabtree.
• Key Cases:
  • Camper v. Minor: Emotional distress claims under general negligence.
  • Caldwell v. Ford: Extending the Rescue Doctrine to property.
  • McClenhan v. Cooley: Superseding intervening causes and proximate cause.
• Premises Liability: Understand how duties differ for trespassers, licensees, and invitees, with a focus on balancing foreseeability and risk.
• Defenses and Doctrines: Learn about Tennessee's approach to attractive nuisances, open and obvious hazards, and liability for independent contractors.

📚 This episode simplifies complex legal doctrines and highlights pivotal cases to prepare you for tort law success.

🎧 Tune in now for clear, concise explanations to elevate your understanding!

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🎙️ New Episode Alert: Mastering Torts for Your Mid-Term!

This week, we dive into Tennessee tort law, breaking down the key concepts, cases, and defenses every 1L needs to know. We'll cover:

• The Purpose of Tort Law: From compensation and deterrence to justice and loss distribution, understand the foundational goals driving tort law.
• Statute of Limitations and Repose: Learn the rules, exceptions, and landmark cases like Hataway v. McKinley and Shadrick v. Coker.
• Intentional Torts: Explore battery, assault, IIED, false imprisonment, trespass, and the role of intent in cases like Garratt v. Dailey and Fisher v. Carrousel Motor Hotel.
• Damages: From compensatory to punitive, we'll unpack how damages are calculated and the factors courts consider (Still v. Baptist Hospital and Hodges v. Toof & Co.).
• Privileges and Defenses: Get clarity on consent, self-defense, defense of others, and property defense, including lessons from Katko v. Briney.

📚 Whether you're prepping for your mid-term or refreshing your knowledge, this episode offers clear explanations and practical insights for tackling torts like a pro.

🎧 Listen now and ace your next exam!

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In this episode, we explore landmark Tennessee Supreme Court cases that have shaped negligence law through four distinct themes:

Duty of Care to Non-Patients and Third Parties

• Bradshaw v. Daniel (1993): Expanded physicians' duty to warn identifiable family members of foreseeable risks associated with a patient's illness, even when the disease is non-contagious. This decision underscores foreseeability as a critical factor.
• Pittman v. Upjohn Co. (1994): Affirmed the "learned intermediary doctrine," which places the duty to warn about prescription drug risks on prescribing physicians rather than directly on manufacturers, particularly for non-patients.

Duty in Social Settings

• Lindsey v. Miami Development Corp. (1985): Recognized a social host's duty of care to assist guests in emergencies, particularly when the host assumes control over the situation, as seen in this wrongful death case involving a delayed ambulance call.

Premises Liability and Foreseeability

• McClung v. Delta Square Ltd. Partnership (1996): Revolutionized premises liability law by introducing a balancing test, weighing the foreseeability and gravity of harm against the burden on businesses to take preventive measures. This decision held businesses accountable for protecting customers from foreseeable criminal acts.

Causation in Disease Transmission

• Hamblen v. Davidson (2000): Clarified the duty of individuals with sexually transmitted diseases to prevent transmission and highlighted the use of circumstantial evidence to establish causation without requiring expert testimony. The case also applied the discovery rule to extend the statute of limitations for victims unaware of their injuries.

These cases reflect Tennessee's progressive stance on negligence law, focusing on foreseeability, reasonable care, and the expansion of duties in diverse contexts. Tune in to uncover how these rulings continue to influence legal standards and responsibilities across the state and beyond!

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