Module overview
This module examines a broad range of torts protecting a variety of different interests. The module begins by situating the law of torts in relation to the broad principles underpinning contract and criminal law; introduces you briefly to the broad range of torts, and then focuses on the fundamental principles of liability with particular reference to negligence. Other torts (e.g., nuisance) are considered, as are current issues of particular difficulty and importance in respect of tort law.
You will be encouraged to consider and evaluate the role, nature, and functions of tort law, as well as its technical rules.
Aims and Objectives
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the basic principles relevant to other selected torts, e.g. battery, and recognise and explain their relevance and influence in the key areas studied
- the key principles of the torts of negligence, nuisance, and the rule in Rylands v Fletcher, including principles of liability, limitation and defences; determine answers to hypothetical problems concerning these torts; and appreciate key decisions in these torts
- the areas of overlap between different torts, and links between tort and other legal topics, e.g. contract, human rights, and critically compare their underlying principles in relevant respects
- the basic principles regarding tort remedies, and determine which heads are recoverable in hypothetical problem questions
- the functions of tort law
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- identify, locate and analyse primary and secondary legal sources in order to identify key legal principles and policy arguments, including strengths and weaknesses in competing arguments, including academic and policy arguments and recognise the limits of certainty in legal principle
- analyse and assess legal materials by way of case analysis and some statutory interpretation and review of secondary materials to identify, comprehend and evaluate fundamental legal principles and their impact upon contemporary issues
- from a given factual scenario: identify the relevant legal facts and issues raised; explain the law applicable to the identified legal issues; apply the relevant law to the facts; examine uncertainties in the law and its application to the given facts, and evaluate alternative approaches and arguments; provide adequate support by reference to legal authority
- produce effectively reasoned and structured responses to given propositions, drawing on appropriate legal authorities to support your assertions
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- produce a clear, orderly, and well-structured account of aspects of the module and of proposed solutions to given questions, especially in areas where solutions are open to question and argument
- examine hypothetical and factual situations and produce reasoned arguments for proposed solutions to problems in writing, demonstrating an appreciation of academic integrity
Syllabus
This module will introduce you to a number of key concepts in the law of torts. We will focus especially on the fundamental principles of liability in tort, with particular attention paid to the tort of negligence.
Accordingly, the following is an indicative list of module content:
Negligence: duty of care, breach of duty, causation, remoteness and defences.
Other Torts, such as nuisance, and the rule in Rylands v Fletcher, and points of interaction between the law of torts and the Human Rights Act 1998.
Learning and Teaching
Teaching and learning methods
Teaching methods compromise lectures and tutorials.
Lectures will develop:
- The structure of the subject and the key applicable principles, policies and rules of law in relation to the law of torts;
- Key areas of development, uncertainty and controversy in recent decisions and, where relevant, policy-making and statutory reform;
- An explanation and analysis of links between the law of torts and other legal topics.
The tutorials are intended as occasions for detailed discussion of specific topics within the broader areas covered in lectures, and you are expected to come fully prepared. Tutorials are also occasions for you to raise problems and questions in discussion with your group and tutor, and thus provide regular opportunities to obtain feedback on your progress.
| Type | Hours |
|---|---|
| Wider reading or practice | 10 |
| Lecture | 20 |
| Revision | 40 |
| Tutorial | 10 |
| Preparation for scheduled sessions | 50 |
| Completion of assessment task | 10 |
| Follow-up work | 10 |
| Total study time | 150 |
Resources & Reading list
Textbooks
Mulheron, R (2016). Principles of Tort Law. Cambridge: CUP.
Cane, P (2013). Atiyah's Accidents, Compensation and the Law. Cambridge: CUP.
Peel, W and Goudkamp, J (2014). Winfield and Jolowicz on Tort. Sweet and Maxwell.
Steele, J (2017). Tort Law: Text, Cases and Materials. Oxford University Press.
M, Lunney, D, Nolan and K, Oliphant (2017). Tort Law: Text and Materials. Oxford: OUP.
Witting, C (2015). Street on Torts. Oxford: OUP.
Weir, T (2006). An Introduction to Tort Law. Clarendon.
(2017-18). Blackstone's Statutes on Contract, Tort and Restitution.
McBride, N.J and Bagshaw, R (2015). Tort Law. Longmans.
Assessment
Formative
This is how we’ll give you feedback as you are learning. It is not a formal test or exam.
Examination
- Assessment Type: Formative
- Feedback: Your tutor will provide individual feedback on your work, and thematic feedback regarding the cohort will also be placed on Blackboard. Follow up discussions are available with your tutor, to discuss feedback and ways in which you can improve.
- Final Assessment: No
- Group Work: No
Summative
This is how we’ll formally assess what you have learned in this module.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Referral
This is how we’ll assess you if you don’t meet the criteria to pass this module.
| 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.
| Method | Percentage contribution |
|---|---|
| Examination | 100% |
Repeat Information
Repeat type: Internal & External