module specification

Law of Tort II is a core module for the LL.B. courses and the B.A. Law. It builds on the knowledge and skills acquired in the study of the LL4054, Law of Tort I. Students study further 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.

The aims of the module are as follows:

1. Students will acquire knowledge of the basic principles of the torts of private nuisance; occupiers’ liability; trespass; defamation; and passing off.

2. Students will develop several key transferable skills, including independent research, critical analysis and cogent academic writing in the context of the law of tort, emphasising the use of primary and secondary sources.

3. Students will enhance their employability by the development both of these skills, and by the practice of written communication activities (including summative) and oral communication activities (formative only).

1. Private Nuisance LO1 - LO3

Potential litigants
• Who can be sued?
• Who can sue?

An unreasonable interference with land

Private nuisance and human rights

Potential defences to private nuisance

Remedies for private nuisance

Rylands v. Fletcher

2. Occupiers’ Liability LO1 - LO3

Occupiers’ Liability Act 1957
• Duty of care to visitors
• Definition of an occupier
• Definition of premises
• Definition of a visitor
• Children as visitors
• The common duty of care
• Occupancy and activity duty
• Exercise of a calling
• Damage to property
• Warnings and obvious dangers
• Independent contractors
• Contributory negligence
• Exclusion of liability

Occupiers’ Liability Act 1984
• Duty of care to non-visitors
• Awareness of the danger
• Knowledge of the trespasser

3. Trespass LO1 - LO3

Trespass to land
• Direct interference
• Entering upon land
• Trespass to airspace
• Trespass to the highway
• Remedies for trespass

Trespass to the person
• Assault
• Battery
• False imprisonment

Trespass to goods
• Conversion
• The Torts (Interference with Goods) Act 1977

4. Defamation LO1 - LO3

Libel and slander

Requirements for liability
• Statement must by defamatory
• Defamation by innuendo
• Serious harm
• Reference to the claimant
• Publication to a third party

Potential litigants
• Who can be sued?
• Who can sue?

Defences
• The truth
• Honest opinion
• Absolute privilege
• Qualified privilege
• Peer reviewed statements
• Innocent dissemination
• Offer to make amends

Remedies
• Damages
• Injunctions

5. Passing-Off LO1 - LO3

Goodwill
• Definition
• Duration
• Geographical extent
• Trading activities
• Use of real names and words

Misrepresentation
• Get-up
• Name
• Product identity

Reverse passing-off

Cyber squatting

Learning and 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 WebLearn and IT resources;
• Whole group questions and discussion.

The seminar will be used for the development of skills necessary to attain the module learning outcomes through:

• Written and oral questions/answers designed to reinforce fundamental rules, principles and cases;
• A range of step-by-step analytical exercises;
• Problem solving;
• IT tasks, such as research of cases and statutes;
• Legal writing.

Blended Learning

All learning materials, previous examination questions and sample Q/A’s will be on WebLearn 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.

Students’ 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 a knowledge and understanding of the torts of private nuisance; occupiers’ liability; trespass; defamation; and passing-off.

2. Demonstrate the ability critically to discuss case study problems relating to the topics covered in the syllabus.

3. Demonstrate the ability to write critical, discursive essays relating to the topics covered in the syllabus.

Written examination (2 hours)

This will assess the ability cogently to discuss and critically analyse legal case studies and/or contemporary legal issues within the context of the law of tort, in a time-constrained examination.

The link to the Talis reading list will be provided when the module is due to start running.