TORT LAW - CONCEPTS AND CONTEXT (LEVEL 4) - 2024/5
Module code: LAW1055
Module Overview
The Tort module introduces key concepts of Tort Law and then considers these in the context of current litigation, legal practice and legal academic theories. The content will introduce students to the concepts, terminology and policies relevant to modern tort law (including tort as a means of compensating victims and as a loss distribution mechanism), as well as considering its historical origins, theoretical justifications, and the potential impact on tort law of Human Rights. Students will be encouraged to consider and debate practical application of tort law principles by UK courts and practitioners. Specific doctrinal topics may include, among others: the tort of negligence, including defences and remedies; vicarious liability; discrete areas of liability such as psychiatric harm, occupiers' liability and pure economic harm; product liability; and torts protecting interests in personal integrity and land. Students will have the opportunity to develop their academic skills of legal research, legal writing, critical analysis and problem solving through the use of both real case examples and tailored case studies. The Tort module satisfies part of the Law of Obligations, as required by the qualifying law degree (QLD) and introduces students to a core component of the foundations of legal knowledge, which are relevant to the Solicitors Qualifying Examination (SQE), Bar Training Courses and other graduate legal career pathways. It complements the other modules required by the QLD and provides a strong foundation for optional modules such as Core Issues in Private Law or Medical Law & Ethics.
Module provider
Surrey Law School
Module Leader
PETERS Katy (Law)
Number of Credits: 30
ECTS Credits: 15
Framework: FHEQ Level 4
Module cap (Maximum number of students): N/A
Overall student workload
Independent Learning Hours: 98
Lecture Hours: 39
Seminar Hours: 14
Tutorial Hours: 8
Guided Learning: 102
Captured Content: 39
Module Availability
Year long
Prerequisites / Co-requisites
N/A
Module content
Indicative content includes: Elements of a Negligence claim; Relevant defences and the efficacy of tort remedies; Claims against public bodies; Vicarious liability; Psychiatric harm; Pure Economic Loss; Occupiers Liability; Principles governing compensation for personal injury and death. Special Liability regimes, including product and employer liability. Protection of land interests (private & public nuisance) Historical and current applications of the Rylands v Fletcher principles Protection of personal interests (defamation, privacy) Interaction between Tort and Human Rights Theories of tort law Alternative compensation systems Techniques of legal research and analysis Legal reasoning and practical skills The application of tort law principles to real life events The relationship between tort law principles, tort law litigation and legal procedure
Assessment pattern
Assessment type | Unit of assessment | Weighting |
---|---|---|
Coursework | 3000 word coursework | 50 |
Examination | Exam - 2 hours | 50 |
Alternative Assessment
NIL
Assessment Strategy
The assessment strategy is designed to provide students with the opportunity to demonstrate: knowledge of the topics covered; the ability to think critically and to analyse relevant areas of law and policy; the ability to think creatively, to articulate legal arguments supported by precedent and to challenge judicial or academic opinions within a legal framework; the ability to apply knowledge and critical analysis to a problem-based scenario and an essay-style question replicating real-world use of relevant legal principles and theories. At the end of Semester 1, Students will undertake guided, independent research which can be applied to consideration and analysis of the legal issues arising in the first summative assessment.
The first summative assessment will take place at the end of Semester 1. This will consist of:
- one piece of 3000 word coursework.
During the exam period for Semester 2, students will undertake a second summative assessment.
This will consist of:
- a 2 hour in-person closed book examination. The assessment deadlines will be those set from time to time by the School of Law, the Faculty or the University, whichever may be the case.
Formative Assessments & Feedback:
The formative assessments consist of at least one piece of submitted formative work during the academic year following which the student will receive feedback.
Feedback:
Generally Students will receive feedback on their performance. Indicative methods of feedback include: General feedback in lectures, seminars and tutorials; General class discussions on guided themes/topics, with immediate (oral) feedback; General feedback on the formative assessment exercises; Formal, individual feedback on formative assessments; Formal, individual feedback on the summative coursework assessment undertaken at the end of Semester 1; General feedback on the summative coursework assessment, to link in to the semester 2 content; Individual, informal feedback, from time to time, as required.
Module aims
- Evaluate and examine the rules of law to a good level (comprising both the common law principles and relevant legislative provisions) which provide the legal framework of tort law both generally and in the example areas covered by the indicative content set out below
- Consider, examine and demonstrate a knowledge of the considerations of policy which underlie tort law generally and in the areas covered by the indicative content set out below
- Consider and evaluate the objectives of tort law in relation to the areas of tort law covered by the indicative content set out below
- Appreciate how tort law operates as a compensation and loss distribution mechanism
- Part of the Law of Obligations, as required by the qualifying law degree (QLD) and introduces students to a core component of the foundations of legal knowledge which are relevant to the Solicitors Qualifying Examination (SQE), Bar Training Courses and other graduate legal career pathways.
Learning outcomes
Attributes Developed | ||
001 | Explain and demonstrate understanding of the central principles, concepts and history of tort law generally | CK |
002 | Demonstrate knowledge of the content of key legal areas as studied in this Module, such as the tort of negligence and trespass | CKPT |
003 | Use and engage with the sources of tort law, including common law, statute, the law of the ECHR and comparative jurisdictions | CKPT |
004 | Explain the competing policy concerns and values which inform tort and its development generally and in the areas studied in this Module | CKPT |
005 | Explain major tendencies within scholarly discussions of tort law generally and in the areas studied in this Module | CKPT |
006 | Apply knowledge of tort law as covered by this Module to solve problems and answer essay questions about its goals and content | CPT |
Attributes Developed
C - Cognitive/analytical
K - Subject knowledge
T - Transferable skills
P - Professional/Practical skills
Methods of Teaching / Learning
The learning and teaching strategy is designed to: Introduce topics, with particular emphasis on key areas of the syllabus, in lectures - using appropriate visual aids together with other with supporting materials (e.g. news clips) Facilitate a more detailed study of the syllabus by directed independent study of selected legislation, case law and other texts, and directed preparation of focused seminar/tutorial material. Enhance student's understanding and awareness by group discussion and case studies in seminars/tutorials. Facilitate student's revision of the Module by the submission of formative assessments (see below) and by interactive consolidation and revision. Ensure students have the opportunity to obtain constructive feedback which they can use to develop their legal learning skills.
The learning and teaching methods include:
Semester 1 (Weeks 4-11, to fit with new LLB architecture for L4) Lectures; plus an introductory lecture
Seminars
Tutorials,
Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.
Reading list
https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAW1055
Other information
Employability: Students will be encouraged to develop current awareness and the ability to discuss how recent legal developments and news stories relate to practical application of the law. The practice experience of the module lecturers will bring a professional perspective to the application of academic legal principles. Tort is a key foundation of legal knowledge, which will be of value to students pursuing a legal career across a variety of practice areas and is a core component of the Solicitors Qualifying Examination and Bar Training Courses. The legal research, reading and analysis skills which students develop during the course are transferable skills which are greatly valued by prospective employers and placement providers.
Global & Cultural Capabilities: Students will be able to participate in discussions about the ways in which public policy can impact upon judicial interpretation of legal principles. The course materials also invite consideration of the ways in which normative values have changed over the years, and the impact this has on the use and development of the common law (Eg actions against the police/vicarious liability). The course draws on a wide body of case law which involves litigants and situations from a diverse variety of cultural backgrounds.
Digital Capabilities: Students will have access to a core textbook through the BibliU platform and will be expected to make use of online databases (including the library's SurreySearch) to source case law and academic articles as part of their legal research. Coursework and formative assessments will be submitted online which will enable access to digital similarity check tools and online feedback.
Sustainability: Students are encouraged to think about the purpose and efficacy of Tort law and procedure; as well as scope for future reform. For example, in relation to the use of strategic litigation on social and environmental issues.
Resourcefulness & Resilience: Students are encouraged to think about how the law works in the context of fluid, real-life situations, building confidence in their doctrinal expertise and analytical skills. The course involves a substantial amount of independent reading and research; for example, students are encouraged to learn how to locate relevant case law and other legal resources independently. Assessment and feedback are designed to encourage students to identify areas of improvement, learn from mistakes, and develop the ability to incorporate constructive criticism effectively.
Programmes this module appears in
Programme | Semester | Classification | Qualifying conditions |
---|---|---|---|
Law LLB (Hons)(YEAR LONG) | Year-long | Compulsory | A weighted aggregate mark of 40% is required to pass the module |
Law (Law and Technology Pathway) LLB (Hons)(YEAR LONG) | Year-long | Compulsory | A weighted aggregate mark of 40% is required to pass the module |
Law (Philosophy, Politics and Law Pathway) LLB (Hons)(YEAR LONG) | Year-long | Compulsory | A weighted aggregate mark of 40% is required to pass the module |
Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2024/5 academic year.