If you love Jeopardy!, and you love Torts, this is the game for you.  Host at least two teams, and use the following rules — as played with my Torts class on our last class of the semester (substitute your own fun facts about the team members for the “Name that Student” category).

  • The host does not show the questions in advance.  The last team that answers a question correctly selects the next category and point value.
  • When a team member selects a category, anyone from any of the teams can buzz in as soon as he or she wants by simply saying the word “buzz,” without conferring with the team.  At that point, the host stops reading the question.  Only the person who buzzed in can answer the question, with no help from team members.  If that team gets it wrong, the host will continue reading the question until another team buzzes in.  A team can choose not to attempt to answer a question.
  • The first team to answer a question correctly gets the points for that question.
  • A team gets the allotted amount of points if it answers a question correctly, but the allotted points are deducted if the team answers incorrectly.
  • For Final Tortspardy!, each team confers and decides how much to wager, before seeing the question.  Each team can wager up to the total amount of points that team has.  The team can then confer when answering the question.
  • Players do not have to answer in the form of a question.

Questions below. Categories are duty, breach, causation, miscellaneous, and name that student. 


Duty Breach Causation Misc. Name that Student
100 Name an exception to the rule that there is no duty to affirmatively act. What is, using the variables, the Learned Hand Formula? Use but-for causation for something that happened to you this morning. What did Hammontree establish? Most likely to use delicious food in becoming a world leader.
200 Duty is usually decided by the —–. What is the standard of care that attaches to a minor driving a vehicle? What is the doctrine of multiple sufficient causes? What are the elements of battery? Most likely to disagree with the majority opinion.
300 Name a way to establish a duty in cases of stand alone emotional injury that is negligently inflicted. What is the standard of care for common carriers in most states? Who wrote the majority and dissent in Palsgraf? What is the intent requirement for intentional infliction of emotional distress? Most likely to take up an unwinnable position for the sake of argument (great for class discussion).
400 Do most states say there is social host liability? What is the statutory purpose doctrine? How does the eggshell plaintiff rule relate to proximate causation? Is primary assumption of the risk compatible with comparative negligence? Most likely to practice Horse Law.
500 What was the rule the court established in Strauss v. Belle Realty? Which doctrine requires the instrumentality of negligence to be within defendant’s control? What are the three ways different jurisdictions treat future injuries? Name a form of vicarious liability for the plaintiff, not for the defendant. Very adept at distinguishing duty and breach!


Final TortspardyName one case, using at least one of the party’s names, for the elements of duty, breach, but for causation, and proximate causation.

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