Tort law asks: when is one person legally responsible (liable) for harm suffered by another? We add a second, deeper question: when should it impose liability - and why? We explore these questions mainly through the Tort of Negligence - the law of accidents.
You will explore how Tort law determines what counts as significant harm, links harm to particular kinds of conduct, and builds responsibility through a mixture of case-based rules (doctrines), broader principles, and policy considerations.
You’ll learn by doing: reading cases deeply, testing legal arguments from different perspectives, and asking why courts draw lines where they do. That process reveals Tort law’s assumptions about responsibility, fairness, and risk.
You will learn to think like a lawyer by practising legal reasoning. You will identify the relevant rules, apply them to messy factual situations, and see how apparently clear outcomes depend on layered judgements about where responsibility should begin and end. A recurring theme is the tension between freedom of action and protection from harm. By observing where the lines of liability are drawn, you will consider what this reveals about private rights and obligations, and the kind of liability system we have - or want.
Lectures 16 hours, Seminars 14 hours, Lecture/Seminars 2 hours, Independent Study 118, Assessment Preparation 50
Test. Assessment Details: Multiple Choice test (MCT) (50 minutes) worth 20% of total marks for the module.
Examination. Assessment Details: Examination (2 hours) worth 80% of total marks for the module. This Assessment is Pass Compulsory.
Reassessment Method: Like-for-like
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On successfully completing the module, students will be able to:
1) Identify and prioritise the main and subsidiary tort issues arising in realistic disputes.
2) Explain and critically analyse core principles and rules of tort law with particular focus on the tort of negligence.
3) Apply relevant authority (cases, and where relevant, legislation) to facts to produce reasoned conclusions about tortious liability.
4) Use appropriate sources to support analysis and communicate solutions clearly and professionally, recognising significant legal uncertainty where it arises.
5)Use primary, secondary and/or extra-legal sources to identify key themes and issues relating to tort law, while recognising areas of uncertainty.
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