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2010/1 Module Catalogue
 Module Code: LAW2002 Module Title: LAW OF TORT
Module Provider: School of Law Short Name: LAW201
Level: HE2 Module Co-ordinator: BENNY RG Mr (Schl of Law)
Number of credits: 30 Number of ECTS credits: 15
Module Availability
  • Yearly
  • 2 ½ hours per week (2 1 hour lectures and a tutorial fortnightly)
Assessment Pattern
The assessment strategy is designed to discover whether the student has: understood the main principles of constitutional and administrative law; undertaken the required reading; and developed a critical awareness of the central tensions in the area.

Unit(s) of Assessment

Weighting Towards Module Mark (%)

Three hour examination


Coursework:  3,000 words


The examination will cover not only those areas dealt with in lectures and tutorials but also those included in general and guided reading.   Students wishing to attain good marks must exhibit personal research and originality, particularly in relation to course-work.   Coursework should demonstrate computer literacy, both in its presentation and content where familiarity with electronic data-bases should be shown.   Students must be able to structure the totality of their work as well as individual arguments within it.   In proffering solutions legal expertise should be joined with analysis, logic and practical awareness.   Copied or plagiarised course-work will be totally rejected and appropriate sanctions applied.   Students are advised that persistent non-attendance of classes may affect performance in the assessment.
Module Overview
Module Aims
To learn the considerations of policy and the rules of law which underlie the law of negligence, with particular reference to professional negligence and the law of negligent misstatement; to contrast negligence with statutory duties and to understand the difference between "contributory negligence" and a "right of contribution";
To understand the nature and scope of tortious liability and the range of interests protected by the law of tort, other than the tort of negligence, such as: Trespass; Nuisance; Rylands v Fletcher; Liability for animals; Economic Loss; and Defamation.
Learning Outcomes
To satisfy the Qualifying Law Degree requirements as to Foundation Subject "Obligations II".
Module Content
  1. Is there a law of tort or a law of torts?
  2. The historical development of the law of tort.
  3. Outline of the historical development of the tort of negligence.
  4. Duty of Care.
  5. Standard of Care.
  6. Breach of Duty.
  7. The doctrine of "res ipsa loquitur".
  8. Damage resulting from the breach.
  9. Causation. Negligent misstatement.
  10. The Unfair Contract Terms Act 1977.
  11. The Defective Premises Act 1972.
  12. Contributory Negligence.
  13. Occupiers' Liability (including liability to trespassers).
  14. Economic Loss.
  15. Emotional Shock.
  16. Vicarious Liability.
  17. Defences.
  18. Breach of statutory duty.
  19. Employers' Liability.
  20. Measure of Damages.
  21. Trespass and a "actions on the case".
  22. Trespass to land compared with nuisance
  23. Rylands v Fletcher liability Strict liability versus "fault-based" liability
  24. Can the Common Law recognise new torts (e.g. harassment)?
  25. Liability for animals
  26. Economic Loss
  27. Consequential loss and "pure economic loss"
  28. The Economic Torts
  29. Defamation
  30. Malicious Falsehood
  31. Joint Tortfeasors
  32. Defences applicable to these torts
Methods of Teaching/Learning
The method of teaching is by lectures and tutorials.   The lectures will introduce the students to the subject areas and provide an overview to enable students to understand the basic principles and underlying concepts.   The tutorials will open out the subject and consider key principles of law.   The students will be provided with signposts to background and supplementary reading.   During tutorials students will be expected to have researched topic area and to apply that research to discuss given legal problems.   Programmes of guided reading will be provided and students will be required to demonstrate, during tutorials, that this has been undertaken.   Students will be expected to present logical arguments founded on legal authorities.   Their ability to challenge the propositions of others and to respond to challenges to their own will be monitored and developed. Special importance will be assigned to the student’s ability to analyse legal issues and present realistic conclusions in language comprehensible to lay clients. The teaching and learning strategy is designed to stimulate private study using derivative and original sources, both paper based and electronic and to develop an understanding and critical awareness of the essential principles and under-lying philosophies and ethical values of the law of tort.
Selected Texts/Journals
Expected purchase
Lunney, M., Oliphant, K., Tort Law: Text and Materials, 2003, ISBN 0 19 926055-9, Oxford University Press.
Rose, Francis, Statutes on Contract, Tort, and Restitution 2004/205, 15h edition, ISBN 0 19 927301-4, OUP.
Kidner, R., Casebook on Torts, 8th edition, 2004, ISBN 019 926870-3, OUP.
Hepple, B.A., & Matthews, M.H., Tort - Cases & Materials, 5th edition, 2000, ISBN 0406 063265, Butterworths.
Reference only
Jones, M., Textbook on Torts, 8th edition, 2002, ISBN 0 19 925533-4, OUP.
Salmond, Sir John, and Heuston, R.F.V.: Law of Torts. Sweet & Maxwell (current edition).
Winfield, Sir Percy, and Jolowicz, J.A.: Winfield and Jolowicz on Tort. Sweet and Maxwell (current edition).
Markesinis. B., & Deakin, S., Tort Law, Clarendon Press, (current edition).
Howarth, David: Textbook on Tort. Butterworths (current edition)
Brazier, M., Street on Torts, Butterworths, (current edition)
Elliott, C, and Quinn, F: Tort Law. Longman (current edition)
Weir, Tony: Tort Law, 2002, ISBN 0 19 9249989, Clarendon Law Series, OUP.
New Law Journal (weekly)
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