LLB Law with Criminology

In this unit, students will explore the principal causes of action which comprise the subject of Torts.  In addition, students are challenged to consider wider social and philosophical issues relating to the operation of Tort law in society.  Students will do this through consideration of a wide and complex body of case law, and, at relevant points, statute law and secondary sources.  Occasionally, references will be made to comparative perspectives and to various reform measure proposed in this jurisdiction by which to handle particularly difficult and controversial areas of tort law.  The ability to apply Torts principles to various fact situations, so as to provide a legally coherent, logical and defensible analysis of the likely outcome, is given particular emphasis in this module. 

Explore the principal causes of action which comprise the subject of Torts.  In addition, students are challenged to consider wider social and philosophical issues relating to the operation of Tort law in society.  Students will do this through consideration of a wide and complex body of case law, and, at relevant points, statute law and secondary sources.  Occasionally, references will be made to comparative perspectives and to various reform measure proposed in this jurisdiction by which to handle particularly difficult and controversial areas of tort law.  The ability to apply Torts principles to various fact situations, so as to provide a legally coherent, logical and defensible analysis of the likely outcome, is given particular emphasis. 

The intended learning outcomes of this unit are as follows below:

A considerable part of the module is devoted to the most-commonly pleased cause of action in the common law world, the tort of negligence.  The module deals with the key principles underpinning the negligence action, and also examines particular manifestations of negligence, such as acts or omissions giving rise to pure psychiatric injury, occupiers’ liability, or damages arising out of a public authority’s acts or omissions.  The module also covers other important torts such as those of private nuisance, Rylands v Fletcher, defamation (and/or the intentional torts), and the doctrine of vicarious liability. 

Lectures: 

Students will attend a set number of lectures per week for two semesters.  A lecture outline for each topic will be distributed prior to the commencement of the lecture in which that topic is covered.  The lecture outline will indicate the prescribed (and any additional recommended) reading that students should undertake independently of the lectures for the topic. 

Workshops: 

Students will attend and participate in 8X2 hour workshops for the year.  Students will receive the workshop activity sheet well in advance, and will be required to undertake personal study of a topic, before approaching the workshop activities.  Students will be required to come to each workshop prepared and ready to contribute to, and share in, group discussion of the workshop tasks.  Workshop tasks will commonly include problem questions, case study analyses, and article consideration.   

- Demonstrate knowledge of the role of torts in modern society, including social, political and economic contect.

-Discuss and critically evaluate the development of general rules and principles of the law of negligence, and other selected, yet important, torts.

- Discuss and critically evaluate the role of policy in modern tort law.

-Demonstrate understanding of the development and consider future directions of tort law.

-Analyse in a structured and systematic manner a factual situation to identify the existence of Tort law issues and the appropriate ways in which Tort law can be used; selecting among the various rules and principles the most appropriate solution to the problem at hand; and discriminating between clear-cut legal issues calling for a simple answer and more complex issues calling for greater discussion and a more evaluative approach

- Critically evaluate the interaction of current tort law within the broader system of redress for wrongs in the legal system and beyond 

-Critically evaluate arguments, assumptions and abstract concepts to make judgements, and to frame appropriate questions to achieve a solution - or identify a range of solutions - to a problem

-Confidently deal with uncertainties in the law 

Communicate complex information effectively, in a clear and concise manner, using accurate legal terminology and referring to primary and secondary sources of law, and giving strong practical examples strong practical examples from the sources referred to in the course and from one’s own independent study; 

Using one’s own initiative, using legal databases and the internet to find primary and secondary sources relevant to Tort law 

Take responsibility for one’s own learning with minimum direction 

Coursework (1500 words) 33%

Take home examination (2x1500 words) 66%

On all summative assessment students will be given individual and group feedback provided after the makring period. 

Essential reading

R. Mulheron,Principles of Tort Law, 2nd ed., Cambridge: Cambridge UP, 2020

Useful supplementary reading

Witting,Street on Torts, 16th ed., Oxford: Oxford UP, 2021

Teaching contact hours

Lectures 40 (may be provided online in light of Covid-19 pandemic; note that this allocated time may be distributed across a range of shorter recorded sessions and other asynchronous learning activities)

Seminars 8

Additional notes

Restricted to: 3rd year joint Law/Politics or Law/Criminology for whom this course is compulsory.

This course is available to incoming study abroad students.

Pre-requisites: Compulsory year 1 Law School courses