Module Information
Course Delivery
| Delivery Type | Delivery length / details |
|---|---|
| Seminar | 6 x 1 Hour Seminars |
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Exam | 2 Hours Unseen exam | 50% |
| Semester Assessment | written essay 2500 words | 50% |
| Supplementary Exam | 2 Hours Unseen exam | 50% |
| Supplementary Assessment | written essay 2500 words | 50% |
Learning Outcomes
On successful completion of this module students should be able to:
1. Identify and explain the fundamental principles of tort law in detail, as well as analyse their relevance and application.
2. Identify, analyse and evaluate the elements forming the basis of liability in tort, namely the relevant acts or omissions, and (where relevant) the mental element.
3. Demonstrate a good understanding of the relevant constituent elements of the principal torts, and be able to apply them to factual situations in order to solve problems.
4. Evaluate and analyse the scope of tort law, coherently identify current problems, and consider options for reform.
5. Be able to compare the tort law of England and Wales with that of similar but different jurisdictions, principally Scotland and Australia, and evaluate the strengths and weaknesses of the law of England and Wales in that context.
6. Construct credible and cogent arguments on the basis of relevant law and evidence, in order to develop skills in reading, understanding and applying the relevant legal sources (cases and legislation) to legal problems; to interpret and analyse legal rules and texts; and to read and evaluate relevant secondary sources.
Brief description
The module addresses the basic principles of tort, that is, the right of individuals to seek private legal remedies for wrongs they have suffered at the hands of others, either deliberately or through carelessness. Such wrongs include deliberate and negligent physical injury to the person and property, psychiatric injury, interference with enjoyment of property and harm to reputation.
Content
The module aims to inform students of the key principles underlying the interests outlined above, as well as considering the specific legal elements of these principles, primarily through study of relevant case law but also legislation.
Content
- Introduction to the law of tort
- Intentional torts to the person
- Intentional torts to land and goods
- Negligence – duty of care; standard of care; causation and remoteness of damage; occupier's liability; nervous shock; pure economic loss and negligent misstatement; vicarious liability
- Defences to negligence
- Nuisance
- Rylands v Fletcher
- Defamation
- Protection of privacy
- Liability for animals
Module Skills
| Skills Type | Skills details |
|---|---|
| Application of Number | |
| Communication | The module will develop students’ written communication skills by way of the examination. In addition, student will develop their oral communication skills through individual and group responses to set work on the seminars. |
| Improving own Learning and Performance | Seminar participation and exam preparation develop different aspects of academic research, from understanding and referencing sources through the dissemination of ideas to others orally, and developing written communication skills. |
| Information Technology | Library and research skills are fundamental to preparation for seminars and assessed work. |
| Personal Development and Career planning | Recommended topic for any considering working in criminal practice/criminal justice system. |
| Problem solving | The module will develop students’ problem-solving skills in a number of ways. Students will be required to analyse a range of sources and texts in order to answer problem-solving questions in the seminars; AND in their examination. |
| Research skills | Students are expected to research and synthesize a range of academic source material in preparing for their seminars and for their examination. |
| Subject Specific Skills | Legal research: use of legal databases as a resource for statute and case law Reading primary sources in the way of cases and legislation Problem solving exercises in seminars will assist in examination problem-solving style questions, and, more widely, in the legal profession. |
| Team work | The seminars will include problem-solving and group discussions which will provide opportunities for students to develop team-working skills and discuss their thoughts with the rest of the class. |
Notes
This module is at CQFW Level 5