The Law of Torts

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• produce effectively reasoned and structured responses to given propositions, drawing on appropriate legal authorities to support your assertions
• 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

Knowledge and Understanding

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

• 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 functions of tort law
• the basic principles regarding tort remedies, and determine which heads are recoverable in hypothetical problem questions
• 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 relevant to other selected torts, e.g. battery, and recognise and explain their relevance and influence in the key areas studied

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

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.

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.

Resources & Reading list

Textbooks

Weir, T (2006). An Introduction to Tort Law. Clarendon.

McBride, N.J and Bagshaw, R (2015). Tort Law. Longmans.

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

Mulheron, R (2016). Principles of Tort Law. Cambridge: CUP.

Steele, J (2017). Tort Law: Text, Cases and Materials. Oxford University Press.

Cane, P (2013). Atiyah's Accidents, Compensation and the Law. Cambridge: CUP.

Witting, C (2015). Street on Torts. Oxford: OUP.

(2017-18). Blackstone's Statutes on Contract, Tort and Restitution.

Peel, W and Goudkamp, J (2014). Winfield and Jolowicz on Tort. Sweet and Maxwell.

Formative

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

Summative

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

Referral

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

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.

Repeat Information

Repeat type: Internal & External