LAW5032 - Torts

Objectives:

On successful completion of the module, students will be able to: Demonstrate depth of knowledge and understanding of the operation and fundamental principles of the law of tort, types of torts, vicarious liability, remedies and defences. Demonstrate knowledge and understanding of the legal concepts, values, principles and rules of the law of tort, and their inter-relationship, within relevant contexts. Analyse, evaluate and form critical judgements on the application and interpretation of the law of tort, applying acquired knowledge and understanding of this area of law and its issues and contexts. Undertake independent research, using and analysing the law from relevant primary and secondary sources to produce current and accurate legal information. Develop and present coherent informed and critical arguments, in writing, about key issues based on advanced research skills.

Content:

This module enables students to acquire knowledge and understanding of the main legal principles and issues of the English law of Torts, and covers:

- Negligence:
- duty of care and breach of duty of care
- causation and remoteness of damage
- problematic areas, including pure economic loss and psychiatric illness damage
- Breach of statutory duty and product liability
- Nuisance, and the rule in Rylands v Fletcher
- Trespass to the person
- Defamation
- Vicarious liability
- Remedies, including damages and injunctions
- Defences, including consent and contributory negligence,

or such other content as may be specified by the SRA and BSB for QLDs.

The module also enables students to develop awareness of the issues surrounding the law of Torts, practical and ethical implications, and to evaluate its operation within society, and to appreciate the social, economic and political contexts and underlying policy issues relating to its operation, and their impact.

In covering the module content, the seminars will also provide particular training and support for key legal skills: to carry out independent research in relation to different types of cases and needs; to consider how legal principles can be applied to both actual and hypothetical facts, and to be able to do so taking either side of a case. In undertaking the practical development of these skills, this module will have a close link to LAW5042 Advanced Legal Skills, where the principles of research and the nature of arguing both sides of a case will be covered.

The module covers the Tort aspects of the Obligations Law Foundation of Legal Knowledge under the Joint Statement as required by the SRA and BSB for a QLD, and the SRA Statement of Legal Knowledge for "6. Torts".

Learning and Teaching Information:

The module will be delivered through seminars that combine aspects of lectures, workshops, group tutorials, directed learning and formative feedback.

The first half of the module will be assessed through an essay that explores the key principles and legislation governing torts through consideration of short case studies. To prepare students for this, the sessions will enable the acquisition of knowledge and understanding, but the focus will be on deep learning: making links between the various definitions, Acts, agents, and transactions or relationships involved, doing so across a range of sample cases and scenarios designed to test grasp of accuracy and detail. In addition, the ability to argue for both sides of a given scenario will be developed. In this the aspect of repetition of process will help a strong sense of analytical processes.

In the second half of the module the students will be prepared for an exam that is designed to test their ability to demonstrate their secure understanding of the key principles of Land Law and, in particular, the ability to apply this understanding securely in specific instances. Again, the teaching will be problem-based and practice-led, honing the specific intellectual skills and developing student confidence.

Seminars
Hours: 36
Intended Group Size: Cohort

Guided independent study
Hours: 164

Further details relating to assessment
The two-hour exam at 60% and the 2,500-word essay at 40% are standard requirements in the sector and, although exceed the Leeds Trinity University guidelines, are justified on the basis that the module is a Foundation Subject, which is required for the award of a Qualifying Law Degree. As this is a Foundation Subject, the expectation is that, at Level 5, the assessment should be a step-up in the course work from Level 4, not just in terms of word count but in the rigour and demonstration of intellectual and cognitive skills expected.

Assessment:

001 Exam; 2 hours; end of semester 1 60%
002 Essay; 2,500 words; end of semester 2 40%

Fact File

Module Coordinator - Teresa Aksamit
Level - 5
Credit Value - 20
Pre-Requisites - NONE
Semester(s) Offered - 5YL

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