Remedies in Contract & Torts | LAWS2044 | University of Southampton

Module overview

This module combines study of remedies in contract and in tort.

The module will be based on two problem questions, introduced at the start of the module. The intention is to use these as the focus of the discussion of the formal and real world approaches to remedies in contract and tort.

In addressing Contract, the explanation will focus on the difference between the orthodox basis for contract damages, i.e. the expectation interest, and the actual approach of the courts in hard cases e.g. the Blake case law on the measure of damages for deliberate breach. This will be combined with the empirical evidence on the limited use of these remedies in practice, compared to 'self-help' remedies that do not require court action, such as the ability to not perform.

In addressing Tort, the module will consider both the formal approach to compensation in tort, and the relationship between tort, the civil legal aid system and the purported rise of a 'compensation culture'.

The module concludes by revisiting the problem questions set at the start of the semester in light of the issues considered in class.

Aims and Objectives

Learning Outcomes

Transferable and Generic Skills

Having successfully completed this module you will be able to:

develop and present a written argument with appropriate evidence demonstrating an appreciation of academic integrity
apply information gained, through instruction and self-directed study, to inform, support or criticise a proposition
locate and analyse relevant primary and secondary source materials
distinguish relevant from irrelevant materials

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

critically appraise material including others’ arguments and offer solutions in existing areas of debate in remedies on contract and tort law
analyse relevant legal materials, including case law and statutes
identify key legal and policy issues
draft legal advice upon such problems
identify and explain how certain facts, in an actual or hypothetical situation, may be ambiguous or uncertain, and to demonstrate how, if they are clarified or made more specific, they could lead to a different analysis
apply principles of the law of remedies, with appropriate legal authorities, in the solutions of practical problems

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

existing areas of debate about what the law is and what it ought to be
the relationship between the formal rules of law governing the granting of judicial remedies and the operation of remedies in practice
the main principles that govern the operation of judicial remedies
the policy objectives and values underpinning the granting of judicial remedies in private law

Syllabus

The syllabus starts with two practical problems for consideration during the module, and an overview of the law of remedies. It continues with detailed introductions to remedies on Contract and in Tort. It then challenges these orthodox introductions by reference to developments in the theory and practice of remedies (especially damages) in Contract and Tort. It concludes by applying the knowledge gained to the problem questions raised at the outset.

Learning and Teaching

Teaching and learning methods

Teaching will be delivered by lectures and seminars. You will be expected to attend all lectures and seminars. Seminars will involve a variety of exercises for which you will be expected to have prepared thoroughly.

Study time
Type	Hours
Lecture	20
Follow-up work	10
Preparation for scheduled sessions	60
Seminar	10
Wider reading or practice	20
Completion of assessment task	30
Total study time	150

Resources & Reading list

Textbooks

McKendrick, E. (2018). Contract Law: Text, Cases and Materials. Oxford: OUP.

Lunney, M & K Oliphant (2017). Tort Law: Text and Materials. Oxford: OUP.

Assessment

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Examination Essay

Summative

This is how we’ll formally assess what you have learned in this module.

Breakdown
Method	Percentage contribution
Examination	100%

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Breakdown
Method	Percentage contribution
Examination	100%

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Breakdown
Method	Percentage contribution
Examination	100%

Repeat Information

Repeat type: Internal & External