Dispute Resolution in Contract and Tort

Module Identifier: LC31520
Module Title: Dispute Resolution in Contract and Tort
Academic Year: 2027/2028
Semester: Semester 1
Co-ordinator: Mrs Lauren Harvey
Reading List: View on Aspire
Pre-Requisite: CT13820 or CT23820 or LC13820 or LC23820
Pre-Requisite: CT11120 or CT21120 or LC11120 or LC21120
Pre-Requisite: CT10120 or CT10420 or CT20120 or LC10120 or LC10420 or LC20120
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 moduleCT31520 [not yet in place]
Other Staff: Dr Tristan Webb; Dr David Poyton; Ms Caroline Whitby

Assessment

Assessment Type	Assessment details	Proportion
Semester Assessment	Problem-solving written answers:	25%
Semester Exam	Online examination: 2 Hours In person in computer room	75%
Supplementary Assessment	Problem-solving written answers:	25%
Supplementary Exam	Online Examination: 2 Hours In person in computer room	75%

Learning Outcomes

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

Analyse merits of a claim or defence, using knowledge of the core principles of the law of contract and tort
Evaluate pre-action considerations and steps to meet a client's objectives
Apply the Civil Procedure Rules for bringing or responding to a claim in contract and/or tort
Evaluate how best to progress or defend the claim to meet a client’s objectives
Evaluate the evidence needed to progress or defend a claim
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
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