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The Law of Torts

Module description

The law of obligations concerns obligations which we voluntarily enter into (contract law), and obligations which the law imposes on us (tort law). A ‘tort’ is a legal wrong (e.g. assault, or trespass, or negligently causing psychiatric injury). When someone commits such a wrong, the law provides a personal remedy – that is, a remedy against the person who has wronged us (e.g. by requiring the wrongdoer to pay us money). On this module, you will study how tort law identifies whether one person is under an obligation to another, and under what circumstances breach of that obligation will give rise to a remedy. You will work together with other students in ‘law firms’ on a tort law problem, developing your oral and written skills of argument and building a case for argument in a legal exercise.

The law of obligations, including tort law, is a foundation subject for professional legal practice, and therefore compulsory for all students wishing to obtain the LLB. Students must have taken LAW1023C, ‘Legal Foundations’ prior to taking this module

Module aims - intentions of the module

The aims of this module are

1. to provide you with a clear understanding of the different types of legal obligation arising under the law of torts, and of the principles and rules governing the main types of tortious obligation;
2. to provide you with an understanding of the social and political dimensions of some aspects of tort law;
3. to enable you to read case law critically and use it in your own arguments;
4. to provide you with the opportunity to prepare a tort law argument together with others.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

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

• 1. Demonstrate knowledge of the different types of legal obligation arising under the law of torts.
• 2. Explain and apply the principles and rules governing the main types of tortious obligation.
• 3. Critically debate the current state of aspects of tort law in social and political context.

ILO: Discipline-specific skills

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

• 4. Interpret and use case law in written and oral argument.
• 5. Use library and electronic resources, including journal articles and policy documents, to conduct research into legally complex areas.

ILO: Personal and key skills

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

• 6. Collaborate in a team to develop and evaluate strategies for tackling a problem.
• 7. Distinguish evidence-based claims from unfounded assertions and use evidence to support your own claims and arguments.
• 8. Demonstrate effective and accurate written communication skills in a manner appropriate to the discipline / different contexts.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

• Introduction to tort law
• Personal torts
• The tort of negligence:
  • Duty of care
    • Omissions
    • Psychiatric harm
    • Public bodies
    • Economic loss
  • Breach of the duty of care
  • Causation and remoteness of damage
  • Defences
• Occupiers’ liability
• Product liability
• Employers’ liability
• Land-related torts:
  • Trespass to land
  • Private and public nuisance
  • Rylands v Fletcher
• 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)

Re-assessment notes

Deferral – if you miss an assessment for certificated reasons judged acceptable by the Mitigation Committee, you will normally be either deferred in the assessment or an extension may be granted. The mark given for a re-assessment taken as a result of deferral will not be capped and will be treated as it would be if it were your first attempt at the assessment.

Referral – if you have failed the module overall (i.e. a final overall module mark of less than 40%) you will be required to submit a further assessment as necessary. If you are successful on referral, your overall module mark will be capped at 40%.

Indicative learning resources - Basic reading

Basic reading:

• Kirsty Horsey and Erika Rackley, Tort Law (6th edn, Oxford University Press 2019).
• Peter Cane and James Goudkamp, Atiyah’s Accidents, Compensation and the Law (9th edn, Cambridge University Press 2018).

Indicative learning resources - Web based and electronic resources

ELE –  http://vle.exeter.ac.uk/

Key words search

Torts, fault, negligence