CE1099: Tort Law
| School | Continuing and Professional Education |
| Department Code | LEARN |
| Module Code | CE1099 |
| External Subject Code | 100690 |
| Number of Credits | 10 |
| Level | L4 |
| Language of Delivery | English |
| Module Leader | Mr Royston Havard |
| Semester | Spring Semester |
| Academic Year | 2013/4 |
Outline Description of Module
This module provides students with the basic principles of tort law within a social and economic context. Students are given the opportunity to make critical assessment of the law of tort and the way in which it works in practice. It examines the European dimension of tort law through an examination of relevant directives, regulations and case law of the European Court of Justice. Relevant comparative material from the USA and other common law countries is examined where possible. The theoretical framework of tort law and the justifications for the legal regulation of the areas involved are considered.
Aims:
*To give students knowledge of the basic principles of tort law and to place these in a social and economic context wherever possible
*To give students knowledge of the law of tort in a selected variety of areas of the subject
*To enable students to make a critical assessment of the law of tort and of how in practice it works
*To investigate the European dimension of tort law through an examination of relevant directives, regulations and case law of the European Court of Justice
*Where possible, to draw on relevant comparative material, particularly from the USA and other common law countries such as Canada, Australia and New Zealand
*To consider the theoretical framework of tort law and the justifications for the legal regulation of the areas involved
On completion of the module a student should be able to
When presented with a set of facts:
*state the legal issues involved arising from them
*state the relevant statutory and/or case law authority
*point out any legal distinctions between the current law and the facts presented
*understand how the law is applied to resolve the issues
When presented with a statement containing a value judgement on any area of tort law:
*state the arguments for and against the proposition in a dispassionate and unbiased way
*cite the relevant statutory and/or case law authority which supports or refutes it
*draw on empirical research and reports to illustrate how relevant legal controls work in a particular area
*evaluate the strength and weaknesses of those arguments
*state a reasoned conclusion on those arguments
* relate provided material and material individually researched to the topics studied
* show an understanding of the topics through explanations in both written and oral form
* consider arguments/opinions and show an understanding and knowledge of relevant legal authorities
* develop own learning through reading and research of topics under study
* be aware of how and why the particular cases and legislation are used in given topics
* consider legal problems and apply relevant law to given situations
* maintain knowledge and understanding through reading information on current debates/reforms
How the module will be delivered
Lectures followed by discussion
20 contact hours
Skills that will be practised and developed
* communicate effectively in both written and oral forms
* work effectively on an individual and group basis
* make notes from class lectures and other sources
* research and collate data from a variety of sources
How the module will be assessed
Class test and assignment demonstrating knowledge and understanding of the subject.
Assessment Breakdown
| Type | % | Title | Duration(hrs) |
|---|---|---|---|
| Written Assessment | 100 | Coursework | N/A |
Syllabus content
The nature of tortuous liability
Parties to an action in tort
Defences to an action in tort
Volenti non fit injuria
Novus actus interveniens
Necessity
Act of God
Introduction to the law of negligence
Duty of care
Damage to the plaintiff
Causation of damage
The thing speaks for itself
Contributory negligence
Liability for negligent mis-statements
Occupier’s liability
Product liability
Defective premises
Employer’s negligence
Professional negligence
The nature of vicarious liability
The difference between an employee and an independent contractor
Employer’s liability for the wrongful acts of his employees in the course of employment
Acts personal to the employee
Law relating to trespass to land, persons and goods
Law of nuisance
Essential Reading and Resource List
J. Cooke, Law of Tort (Financial Times/Pitman, 4th edition, 1999)
A. Mullis and K. Oliphant, Torts (Palgrave, 3rd edition, 2003)
M.A. Jones, Textbook on Torts (Oxford University Press, 9th edition, 2005)