- Mrs Penny Carey (Associate Dean and LPC Programme Tutor - University of Hertfordshire)
|Delivery Type||Delivery length / details|
|Lecture||30 x 1 Hour Lectures|
|Seminar||6 x 1 Hour Seminars|
|Assessment Type||Assessment length / details||Proportion|
|Semester Assessment||1500 word essay||33%|
|Semester Exam||1.5 Hours||67%|
|Supplementary Assessment||(if element failed) 1500 word essay||33%|
|Supplementary Exam||(if element failed) - This exam is Open Book. Candidates may bring any materials, other than library books, into the examination.||67%|
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 critically 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 critically 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 critically analyse legal rules and texts; and to read and evaluate relevant secondary sources.
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.
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.
- 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
- Rylands v Fletcher
- Protection of privacy
- Liability for animals
|Skills Type||Skills details|
|Application of Number|
|Communication||Written communication in the examination and essay. Oral communication in seminars and lectures.|
|Improving own Learning and Performance||Pre-and post-lecture research and seminar preparation; using legal databases in preparation for seminar work, the essay and the examination|
|Information Technology||In lectures, pre- and post-lecture research, seminar and examination preparation, essay preparation.|
|Personal Development and Career planning||The study of this module is crucial to, and will assist in preparation for, a career in the legal profession. It will widen the horizons of students regarding different types of legal career through the very diverse situations in which tort law applies.|
|Problem solving||Preparation for and discussion of problem-solving questions in lectures; practical application in seminars.|
|Research skills||Pre- and post-lecture research, seminar and examination preparation.|
|Subject Specific Skills||Legal research: use of legal databases as a resources for statute and case law. Learning how to read primary sources (cases and legislation). Learning how to read secondary sources and through this to distinguish relevant from irrelevant material. Problem-solving exercises in seminars will assist in learning how to deal with such tasks in examinations but also with regard to legal issues in real life, particularly in a legal career.|
|Team work||Seminar work, including preparation and group discussions. Students are encouraged to work together in solving problems.|
This module is at CQFW Level 6