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Law of Tort

  • Module code: LL4304
  • Year: 2018/9
  • Level: 4
  • Credits: 30
  • Pre-requisites: None
  • Co-requisites: None

Summary

Tort can be described as the area of civil law which provides a remedy for a party who has suffered the breach of a protected interest. The module focuses on the wide range of activity to which tort law applies and examines the remedies it provides for many different types of loss or harm. Tort is also one of the foundations of legal knowledge subjects required by the professional bodies as part of a qualifying law degree for those seeking entry to the legal profession.

Aims

  • To introduce students to the general principles governing the major torts in English law
  • To develop a thorough knowledge of the role of tort in a wider socio-economic context
  • To develop problem solving and essay writing skills

Learning outcomes

On successful completion of the module, students will be able to:

  • Show evidence of a thorough understanding of the judicial and legislative development of the law of tort
  • Demonstrate a clear understanding of some of the major cases and an appreciation of the exceptions to the rules and principles of these cases
  • Apply relevant legal principles to the solution of factual problems and discuss the various solutions proposed
  • Construct relevant legal arguments which are presented effectively in writing at a standard appropriate to level 4

Curriculum content

  • The general tort of negligence, including the elements of the cause of action and the available defences
  • The application of policy to specific types of liability in negligence, including the liability for psychiatric injury, economic loss and the liability of public bodies
  • The principle of vicarious liability and the special rules of negligence concerning employer's liability, manufacturer's liability and occupier's liability
  • The tort of trespass to the person
  • The principles of law governing the tort of nuisance and the concept of strict liability

Teaching and learning strategy

The module is delivered through a programme of feedback/feedforward sessions and workshops. The former will outline topics and refer students to cases, articles and the reading list contained in the handbook. The workshops provide a context in which the students can assess and evaluate the relevant legal concepts via the communal discussion of various problem scenarios and of specific legal issues. The workshop tasks will enable students to develop teamwork and presentation skills in researching and making presentations and engage with e-learning in legal problem solving.

Due to the experiential nature of the learning on this degree, and the importance of professional development enabling students to develop practical skills, learn from and interact with others, attendance is compulsory. Any students not attending a minimum of 80% of their timetabled sessions will be at risk of academic failure or termination from the course.

Breakdown of Teaching and Learning Hours

Definitive UNISTATS Category Indicative Description Hours
Scheduled learning and teaching Feedback/feed forward sessions and workshops 66
Guided independent study Seminar and independent study 234
Total (number of credits x 10) 300

Assessment strategy

Assessment will be through a combination of examination and coursework. The examination will test basic understanding and knowledge of the relevant law, and an ability to construct effective legal arguments. The coursework will assess the student's ability to apply relevant legal principles to a given situation and to evaluate the current state of the law. The coursework will also require word processing skills and assess the student's abilities in written communication and literacy. The focus of the assessment is on development of the following employability skills: independent learning, problem solving and evaluation. Teamwork, communication and presentation skills will be developed through the tutorial activities.

Mapping of Learning Outcomes to Assessment Strategy (Indicative)

Learning Outcome Assessment Strategy
1) Show evidence of a thorough understanding of the judicial and legislative development of the law of tort Coursework/Examination
2) Demonstrate a clear understanding of some of the major cases and an appreciation of the exceptions to the rules and principles of these cases Coursework/Examination
3) Apply relevant legal principles to the solution of factual problems and discuss the various solutions proposed Coursework/Examination
4) Construct relevant legal arguments which are presented effectively in writing at a standard appropriate to level 4 Coursework/Examination-portfolio of written work

Elements of Assessment

Description of Assessment Definitive UNISTATS Categories Percentage
CWK Coursework 50
EXWR Exam 50
Total (to equal 100%) 100%

Achieving a pass

It IS NOT a requirement that any major assessment category is passed separately in order to achieve an overall pass for the module.

Bibliography core texts

V Bermingham and C Brennan, Tort Law Directions (Oxford University Press)

 K Horsey and E Rackley, Tort Law (Oxford University Press)

Bibliography recommended reading

T Weir, An Introduction to Tort Law (Oxford University Press)  

W V H Rogers, Winfield & Jolowicz on Tort (Sweet & Maxwell)

B Markesinis and A Deakin, Markesinis and Deakin's Tort Law (OUP)

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