module specification

The Law of Tort is a core module for the LL.B. courses and the BA in Law, which introduces students to the key principles of the Law of Tort, which is one of the foundation subjects of English Law, as identified by the professional legal bodies, the Solicitors Regulation Authority and the Bar Standards Board.

This module focuses on developing skills of critical legal analysis, communication and reasoning. It introduces students to the law of torts through a detailed study of negligence and the social context in which this tort operates. This is followed by a study of other forms of tortious liability.

Students will learn to apply their understanding to problem solving, as well as learning to communicate in a concise, accurate and effective manner.

1. Scope and Purpose of the Law of Tort   LO 1 and 2

2. The Tort of Negligence   LO 1 and 2

Duty of Care
Breach of Duty
Causation and Remoteness
Defences
Nervous Shock
Economic Loss
Vicarious Liability
Remedies

3. Other Specific Torts     LO 1 and 2

Private Nuisance
Rylands v. Fletcher
Trespass
Defamation
Occupiers’ Liability
Breach of Statutory Duty
Economic Torts
Passing Off

4. General Defences    LO 1 and 2
 
  Volenti non fit injuria
  Contributory Negligence
  Ex turpi causa
  Duress
  Limitation

Learning & Teaching Strategy

Weekly two-hour lecture and one-hour seminar. 

The lecture will be used for:

Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
An introduction to relevant academic literature;
Guidance on learning strategies;
Use of blackboard and IT resources;
Whole group questions and discussion.

The seminar will be used for:

Development of skills necessary to attain the module learning outcomes through:
Written and oral questions/answers designed to reinforce fundamental rules/principles/cases;
A range of step by step writing exercises;
IT tasks such as research of cases and statutes
Problem-solving
Legal writing

Blended Learning

All learning materials, previous examination questions and sample Q/A’s will be on blackboard for use in directed private study.
Student engagement will be encouraged in both lectures and seminars through weekly use of Weblearn for access to all of the above materials.
There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research

Opportunities for Reflective Learning/pdp

Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto Weblearn.

Employability

Employability strategy will aim to acquaint students with a range of employment avenues both in the legal profession and in those professions into which legal qualifications and skills are transferable, e.g. Human Resources, and the caring professions) which require an understanding of employers’ liability, and/or interpersonal rights and responsibilities under the civil law.

Student’s Study Responsibilities

The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.

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

1. Demonstrate the ability to examine and debate a contemporary issue within the law of tort, and to articulate and defend their research and critical analysis in an oral presentation.

2. Demonstrate through a written presentation the ability to conduct primary and secondary source research and critical analysis, to solve legal problems and to examine contemporary issues relating to the law of tort

1. Oral Presentation

Oral presentation of the results of self-directed research and analysis into one designated topic.

This preparation for this assessment develops both the student’s independence in critical research techniques, but also oral, presentation and communication skills in general.

2. Written Coursework (2,000 – 2,500 words)

This will assess the ability critically to research, analyse and advise on practical legal case studies and/or contemporary legal issues within the context of the law of tort.

Core Texts:
Goldstone, B, The Barrie-Guide to the Law of Tort (London Met)
Horsey, K and Rackley, E, Tort Law (OUP)

Other Texts:

Peel, E., Winfield & Jolowicz on Tort (Sweet & Maxwell)
Buckley RA and Heuston REV, The Law of Torts (Sweet & Maxwell)
McBride, NJ and Bagshaw, R, Tort Law  (Longman)

Journals:

Law Quarterly Review

Electronic Databases:

Westlaw and Lexis Library