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The Law of Torts

Module description

This module introduces you to an important area of civil law, concerned with the imposition by law upon persons of legal standards of conduct the breach of which permit an action for damages or some other personal remedy. The module examines both responsibility bases (intention, negligence and non-fault) and major forms of recognised damage.

This module is one of the seven foundations of legal knowledge required by the Law Society and it is therefore compulsory for all of you who wish to progress onto the Vocational Stage of Training to become a Solicitor or Barrister.

Module aims - intentions of the module

The aim of this module is to develop your understanding of the law of torts, including its responsibility bases, the kinds of damage for which it permits a remedy and those for which it does not offer a remedy. Consideration will be given to the aims of tort law and some assessment made of its efficacy in achieving those aims.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. understand and critically reflect upon the operation of the contemporary law of torts within its social context;
• 2. develop the ability to use relevant information to understand how the law of torts operates and to apply their understanding to a range of different perspectives and concepts relating to tort law;

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. demonstrate knowledge of legal concepts and their contextual, social and political implications;
• 4. demonstrate the ability to apply legal knowledge to a problem / case study and to discuss it;
• 5. demonstrate the ability to select and present in a coherent way, relevant law and legal / theoretical arguments.

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 6. demonstrate effective and accurate communication skills in a manner appropriate to the discipline / different contexts;
• 7. identify, retrieve and use efficiently a range of resources with some guidance;
• 8. demonstrate the ability to interact effectively within a team / learning group and to share information and ideas.
• 9. demonstrate the ability to work independently, within a limited time frame, to complete a specified task.

Syllabus plan

It is envisaged that the syllabus will include the following topics in the following order, although precise content and order may vary according to the availability of specialist teaching staff.

• Introduction to Tort
• Trespass to Person
• Trespass to Land
• Private Nuisance
• Rylands v Fletcher
• Public Nuisance
• Defamation
• Malicious Prosecution
• Malicious Falsehood
• Privacy
• Introduction to Negligence
• Duty of Care
• Psychiatric Harm
• Public Bodies
• Omissions
• Financial Loss
• Breach
• Causation of Damage
• Remoteness of Damage              
• Defences            
• Vicarious Liability

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

(1) J Murphy and C Witting, Street on Torts (13th ed, 2012)

(2) M Lunney and K Oliphant, Tort Law: Text and Materials (5th ed, 2013

Indicative learning resources - Web based and electronic resources

www.bailii.org

Key words search

Torts, duty of care, human rights act