This module is not currently running in 2024 to 2025.
Section 1 Introduction to Obligations
a) The nature of the common law and its development.
b) The idea of precedent and legal reasoning.
c) The distinction between public law and private law.
d) The main divisions of obligations.
e) Drafting case notes.
Section 2 Introduction to the law of contract
a) The historical development of contract law and its functions in the modern world.
b) A special area of study in contract e.g. formation and modification of contracts.
Section 3 Introduction to tort
a) The historical development of tort. An overview of different types of tort. The centrality of negligence and its role in the modern world.
b) A special study in tort – e.g. trespass to the person.
Section 4 Conclusion
Critical approaches to the study of contract and tort; guidance to legal problem solving
Section 5 Legal reading and writing skills
Contact hours: 40
Private study hours: 110
Total study hours: 150
LLB Law (Certificate Route); Certificate in Law
Main assessment methods
MCT, 1-hour (approx.) (20%)
Problem question, 2200 words (max.) (80%) *
* Students must achieve a mark of 40% in the 'problem question' to pass the module overall.
Reassessment methods
Like-for-like: where undertaken, students must achieve a mark of 40% in the 'problem question' to pass the module on reassessment.
J. Adams and R. Brownsword - Understanding Contract 5th ed. (Sweet and Maxwell, 2007)
J. Conaghan and W. Mansell - The Wrongs of Tort 2nd ed. (Pluto, 1998)
C. Harlow – Understanding - Tort Law 3rd ed. (Sweet and Maxwell, 2005)
K. Horsey and E. Rackley - Tort Law 5th ed. (OUP, 2017)
A. Hutchinson - Evolution of the Common Law. (CUP, 2006)
E. McKendrick - Contract Law: Text, Cases and Materials, 4th ed. (OUP, 2011)
J. O'Sullivan and J. Hilliard – The Law of Contract, 7th ed. (OUP, 2016)
A. Weir - An Introduction to Tort Law 2nd ed. (OUP 2006)
J. Wightman - Contract - A Critical Commentary (Pluto 1996)
See the library reading list for this module (Canterbury)
The intended subject specific learning outcomes.
On successfully completing the module, students will be able to:
1. Demonstrate an understanding of the nature of private law, its main subdivisions and its development.
2. Demonstrate a knowledge of the main types of legal obligation.
3. Demonstrate an outline knowledge of the principles of the law of contract and tort.
4. Demonstrate an understanding of the distinctive nature of case law and of common law in particular.
5. Identify the contractual and tortious legal issues raised in simple problem situations.
6. Use case-law, to predict the legal outcome of problem situations in at least one area of contract law and one area of tort.
The intended generic learning outcomes.
On successfully completing the module, students will be able to:
1. Find a named case.
2. Read a case, distinguishing the components such as the head note, the facts and the judgements; to identify, where possible, the ratio decidendi, while recognising the difference between different judgements.
3. Make notes on cases, including judging their weight and providing critical comments for such notes.
4. Research a simple legal issue to find the relevant rules and principles, to identify relevant cases, to distinguish areas of comparative certainty from the leeways for argument and to provide a written legal opinion based on the above research.
5. Use cases, including using judicial quotation, in making an argument.
6. Use case law to provide advice on a problem situation of limited complexity
They will also be able to demonstrate the following general abilities;
7. To use library and web resources, including journal articles, to research an issue.
8. To distinguish soundly based knowledge and evidenced claims from unfounded assertions.
9. To intelligently distinguish issues about which it is legitimate to argue and on which different views may be held.
10. To identify flaws and weaknesses in an argument.
11. To demonstrate basic legal reading, writing and communication skills, namely:
a. to structure and write a coherent essay, including the adoption of the Kent standard referencing and bibliography style for law (OSCOLA).
b. to take effective notes and to identify the salient points within a case or text.
c. to summarise comprehensive pieces of text.
d. to present a piece of independently researched, written material.
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