Gwybodaeth Modiwlau

Module Identifier
LC31520
Module Title
Dispute Resolution in Contract and Tort
Academic Year
2022/2023
Co-ordinator
Semester
Semester 1
Pre-Requisite
Pre-Requisite
Pre-Requisite
Co-Requisite
If intending to prepare for the SQE1 examination students should also pursue: LC31420:LC31320:LC31620:LC31720:LC31820
Exclusive (Any Acad Year)
Welsh medium equivalent of module CT31520 [not yet in place]
Reading List
Other Staff

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment Problem-solving written answers  2,000 words Coursework  25%
Semester Exam 2 Hours   Online examination  In person online examination in computer room  75%
Supplementary Assessment Problem-solving written answers  2,000 words coursework  25%
Supplementary Exam 2 Hours   Online Examination  In person online examination in computer room  75%

Learning Outcomes

On successful completion of this module students should be able to:

1. Analyse merits of a claim or defence, using knowledge of the core principles of the law of contract and tort

2.Evaluate pre-action considerations and steps to meet a client's objectives

3. Apply the Civil Procedure Rules for bringing or responding to a claim in contract and/or tort

4. Evaluate how best to progress or defend the claim to meet a client’s objectives

5. Evaluate the evidence needed to progress or defend a claim

6. Prepare a case for a trial and take forward post trial steps

Brief description

This module covers the principles and practical rules associated with dispute resolution in contract and tort.

Students are expected to draw on and apply knowledge from the following areas of law and practice:

The core principles of contract law

The core principles of tort

The principles, procedures and processes involved in dispute resolution and the Rules of Civil Procedure

Content

1. Contract

- Existence/formation of a contract
- Contents of a contract.
- Causation.
- Vitiating elements.
- Discharge of contract and remedies.
- Unjust enrichment.

2. Tort

- Negligence.
- Nuisance and the rule in Rylands v Fletcher.
- Breach of statutory duty and product liability.
- Remedies and defences.

3. Dispute Resolution

- Analysis of merits of claim or defence.
- Arbitration, mediation and litigation as an appropriate mechanism to resolve a dispute.
- Pre-action considerations and steps.
- Commencing, responding to or progressing claim.
- Case management and any interim applications relevant to the claim.
- The evidence needed, and disclosure steps required in commencing, responding to, progressing or defending a claim.
- Preparation of a case for a trial, the trial and any post trial steps.
- Procedures and processes relevant to costs and funding involved in dispute resolution.

Module Skills

Skills Type Skills details
Application of Number
Communication Central to all interactions on this module (core to the professional and ethical elements of the competency requirements)
Improving own Learning and Performance Students will be presented with new and novel scenarios regularly in order to develop their ability to adapt the application of their legal knowledge.
Information Technology Computer-based assessment. Legal research via electronic databases.
Personal Development and Career planning Feedback and feedforward sessions reflecting on performance in set tasks. Practical and client-facing aspects of the module
Problem solving Scenarios and case studies central to module delivery with students developing solutions.
Research skills Central to problem-solving and decision making in the context of legal analysis.
Subject Specific Skills Knowledge of dispute resolution in contract and tort disputes
Team work Many of the classroom exercises will require teamwork

Notes

This module is at CQFW Level 6