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SYNOPSIS OF MODULE
The Law of Tort is concerned primarily with the circumstances in which one person may seek compensation for a civil wrong (other than a breach of contract) committed by another, and with the form and measure of compensation where liability is established. The overall aim is to provide students with an understanding of the principles of liability in relation to specific torts (such as negligence, nuisance and defamation), and of the way in which compensation is assessed, with reference in particular to personal injury claims (which in practice account for the vast majority of tort claims). The impact of the Human Rights Act will also be considered where relevant.
Assessment takes the form of a 3 hour examination.
INDICATIVE READING LIST OR OTHER LEARNING RESOURCES
Essential Reading
Chris Turner and Sue Hodge, Unlocking Torts, Hodder Arnold
Additional Reading
Rogers, Winfield & Jolowicz on Tort, Sweet & Maxwell
Lunney & Oliphant, Tort Law Text & Materials, Oxford University Press
Hepple & Matthews, Tort Cases & Materials, Oxford University Press
Richard Kidner, Casebook on Torts, Oxford University Press
Blackstone’s Statutes, Contract, Tort & Restitution, Oxford university Press
OUTLINE SYLLABUS
1. Introduction to the nature and function of tort, including general principles of tortious liability.
2. Intentional interference with the person.
3. The elements of negligence: Duty, breach and damage, including principles of causation and remoteness.
4. The duty of care as applied to particular relationships (for example employer/employee and occupier/entrant) and to particular types of loss, notably psychiatric harm and pure economic loss.
5. Breach of statutory duty.
6. Vicarious liability.
7. Nuisance.
8. Defamation.
9. Defences and limitation.
10. Remedies.
11. The effect of death.
AIMS OF MODULE
To introduce students to the nature and general principles of tortious liability.
To enable students to acquire a knowledge and understanding of the substantive legal rules relating to specific torts.
To develop the effective use of source materials, including electronic sources.
To develop an analytical approach to the interpretation of the substantive legal rules and thereby develop the ability to apply those rules to factual problems.
To encourage the adoption of a critical approach to the law.
LEARNING OUTCOMES
Students should be able to;
-Demonstrate detailed knowledge and understanding of selected areas of substantive law.
-Appreciate the significance of tort as a means of compensating accident victims.
-Analyse factual problems, identify the legal issues which arise, and apply the relevant legal principles to the facts in order to reach a reasoned solution to those problems.
-Find and use primary and secondary legal sources, including electronic sources.
-Present knowledge and arguments in an appropriate and intelligible manner.
PREREQUISITES
Not Applicable.
COREQUISITE(S)
DISTANCE LEARNING DELIVERY
The module will be delivered primarily via the eLP site which will contain the following:
A workbook explaining the different areas in the syllabus and indicating essential reading from the textbook.
Self test questions at the end of each chapter for students to test their understanding.
A study schedule including seminar questions.
An answer book to questions in the workbook.
A variety of material relating to assessment, including past examination papers, suggested answers to selected questions and guidance on the correct approach to the answering of problem-based questions.
In addition students attend six ‘sets’ of study days (each of two days’ duration, making a total of 12 days) during each of which there are 2 large and 2 small group sessions.
LEARNING AND TEACHING STRATEGY
In line with other DL modules the topics to be covered are set out in a workbook which is accessible on the e-learning portal. A study schedule sets out a timetable for study and indicates the work and preparation required at each stage of the module’s progression. The workbook indicates the essential reading from the textbook which is required for each stage of the module.
Students have the opportunity to submit diagnostic work for feedback.
The workbook also contains self-test questions and further questions to which answers are provided.
DISTANCE LEARNING
During the study days (see 18 above) there will be 2 large and 2 small group sessions. The large group sessions will be delivered to the entire module cohort and will be used to introduce students to the major principles of each topic. They will place these principles in context by examining them in the light of relevant factual scenarios, and will also consider matters of current topical interest as appropriate.
The small group sessions will consist of seminar discussion for which students will be expected to have prepared. They will, in conjunction with directed and independent learning, expand on the material covered in the large group sessions with emphasis on student research and the use of practical scenarios to facilitate discussion.
Students will also be expected to engage in independent learning both to expand on the materials covered in the large group sessions and to prepare for the tasks in the small group sessions. Examples of independent learning will include locating and reading relevant legal source material.
FULL TIME
The module will be delivered through a combination of large and small group sessions, directed learning and independent learning.
The large group sessions will be delivered to the entire module cohort and will be used to introduce students to the major principles of each topic. They will place these principles in context by examining them in the light of relevant factual scenarios, and will also consider matters of current topical interest as appropriate.
The small group sessions will consist of seminar discussion for which students will be expected to have prepared. They will, in conjunction with directed and independent learning, expand on the material covered in the large group sessions with emphasis on student research and the use of practical scenarios to facilitate discussion.
Students will also be expected to engage in independent learning both to expand on the materials covered in the large group sessions and to prepare for the tasks in the small group sessions. Examples of independent learning will include locating and reading relevant legal source material
IMPLICATIONS FOR CHOICE
ASSESSMENT AND FEEDBACK STRATEGY
a Summative assessment and rationale for tasks
One 3 hour written examination.
b. Additional formative assessment – detail of process and rationale
Self-test questions in the workbook.
Seminar questions to which students may submit answers for marking and feedback.
Considering past examination papers.
c. Indication of how students will get feedback and how this will support their learning
By checking their own answers to the self-test questions in the workbook against answers in the ‘answerbook’.
By submitting answers to seminar questions. Powerpoint slides accompanying the small group discussions to be posted on the eLP.
Suggested answers to past examination questions will be posted on the eLP.
General feedback on examination performance will be provided via the eLP.
Course info
Credits 15
Level of Study Undergraduate
Mode of Study 1 year full-time
Department Northumbria Law School
Location City Campus, Northumbria University
City Newcastle
Start September 2021
Courses starting in 2021 are offered as a mix of online and face to face teaching due to the ongoing Covid-19 pandemic.
We continue to monitor government and local authority guidance in relation to Covid-19 and we are ready and able to flex accordingly to ensure the health and safety of our students and staff.
Students will be required to attend campus as far as restrictions allow. Contact time will increase as restrictions ease, or decrease, potentially to a full online offer, should restrictions increase.
Our online activity will be delivered through Blackboard Ultra, enabling collaboration, connection and engagement with materials and people.
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