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
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
- draft legal advice upon such problems
- apply principles of the law of remedies, with appropriate legal authorities, in the solutions of practical problems
- analyse relevant legal materials, including case law and statutes
- 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
- identify key legal and policy issues
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- locate and analyse relevant primary and secondary source materials
- apply information gained, through instruction and self-directed study, to inform, support or criticise a proposition
- distinguish relevant from irrelevant materials
- develop and present a written argument with appropriate evidence demonstrating an appreciation of academic integrity
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 policy objectives and values underpinning the granting of judicial remedies in private law
- the main principles that govern the operation of judicial remedies
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.
| Type | Hours |
|---|---|
| Lecture | 22 |
| Wider reading or practice | 20 |
| Completion of assessment task | 30 |
| Follow-up work | 10 |
| Preparation for scheduled sessions | 60 |
| Seminar | 8 |
| 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
Formative assessment description
EssaySummative
Summative assessment description
| Method | Percentage contribution |
|---|---|
| Coursework | 100% |
Referral
Referral assessment description
| Method | Percentage contribution |
|---|---|
| Written assessment | 100% |
Repeat
Repeat assessment description
| Method | Percentage contribution |
|---|---|
| Written assessment | 100% |
Repeat Information
Repeat type: Internal & External