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LA2E1-30 Tort Law L5

Department
School of Law
Level
Undergraduate Level 2
Module leader
Adam Slavny
Credit value
30
Module duration
20 weeks
Assessment
100% exam
Study location
University of Warwick main campus, Coventry

Introductory description

The module examines and analyses the law of civil liability for wrongfully-inflicted damage or injury: the law of “wrongs” or tort.

Module web page

Module aims

The module examines and analyses the law of civil liability for wrongfully-inflicted damage or injury: the law of "wrongs" or tort. We consider the development, through cases, of doctrines intended to deal with the problems of losses which are attributable to human fault. Stress is laid on the processes and techniques involved in judicial (as opposed to legislative or administrative) law-making; on the relevance and responsiveness (or otherwise) of the doctrines thus developed to society's actual problems in the areas concerned; and on the policies and philosophies underlying the rules.

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Historical development of tort;

theories and aims of tort;

the criteria for an action in negligence – duty of care, breach of duty, causation, remoteness of damage;

defences to negligence;

liability for psychiatric injury;

omissions;

public bodies;

occupier's liability;

trespass to the person;

economic loss;

special liability – products, statutory duty;

nuisance;

defamation;

privacy;

vicarious liability;

damages;

alternatives to tort.

Learning outcomes

By the end of the module, students should be able to:

  • Understand basic and advanced concepts and structure of the Common law of tort, with particular reference to the law of negligence in tort
  • Understand the doctrinal relationship between the areas of common law. To appreciate and critically analyse the influence of policy on the development of the law
  • Have a firm grasp of the social context and the economic implications of the recognition and extension of liability in tort. Particular reference being made to insurance, loss spreading, developing medical knowledge, maintaining professional standards and consumer protection.
  • Application of substantive law and legal reasoning skills to complex hypothetical cases. Developing critical perspectives on legal developments, including making critical arguments well supported by case law and other sources.
  • Analyse, evaluate and form critical judgements on individual cases and statutes; form critical judgements on a series of linked materials on discrete topic, and understand key debates on controversial areas of the law.
  • Work independently to gain understanding of case law and policy issues without explanatory lectures, and demonstrate a good capacity for independent research
  • Understand the language of the common law obligations. Be able to make oral presentations individually and in small groups on matters of law and policy. Be able to participate in and to organize discussion in an orderly and productive manner, showing a firm and critical grasp of the subject matter
  • Work in collaboration to complete defined task within a limited time.
  • Reference to primary source materials on the internet (cases, statutes, government reports and academic articles) through tort law web page

Indicative reading list

McBride, N. and Bagshaw, R., Tort Law, 5th ed. (Pearson Education, 2015)

View reading list on Talis Aspire

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.

Study time

Type Required
Lectures 18 sessions of 2 hours (12%)
Seminars 14 sessions of 1 hour (5%)
Private study 250 hours (83%)
Total 300 hours

Private study description

No private study requirements defined for this module.

Costs

No further costs have been identified for this module.

You must pass all assessment components to pass the module.

Assessment group B
Weighting Study time Eligible for self-certification
Online Examination 100% No

This examination may be adjusted in some respects appropriate for L5 students.

~Platforms - AEP


  • Online examination: No Answerbook required
Feedback on assessment

Face to face feedback by student request in October. Generic feedback provided via Moodle.

Past exam papers for LA2E1

Courses

This module is Optional for:

  • Year 2 of UPHA-V7MW Undergraduate Politics, Philosophy and Law

This module is Core option list D for:

  • Year 2 of UPHA-V7MW Undergraduate Politics, Philosophy and Law