LW315/325 Introduction to Obligations. Co-requisite LW650 Law of Contract.
Only available to Law students. Cannot be taken if already taken LW597.
OverviewThe bulk of this module will concentrate on the Tort of Negligence in contrast to students' knowledge of the law of trespass to the person (gained in LAWS3150 Introduction to Obligations). Students will focus on the conceptual structure of the tort of negligence, its rise and dominance over other torts, its role in accident compensation, the funding of accident compensation and the role of insurance, and the system's contribution to an alleged "compensation culture". The approach is primarily doctrinal but is informed by various theoretical perspectives examining differing notions of justice.
A smaller section of this module will contrast the predominantly case-based Tort of Negligence with various statutory torts. Students will also consider the Land Torts. This draws further attention to the diverse range of harms or interests protected by tort law and to the diverse conceptual structures of different torts.
Method of assessment
40% coursework consisting of a legal problem question and 60% examination.
Demonstrate a deeper understanding of the nature of private law and, its major sub-divisions.
Demonstrate a clear understanding of the principles and rules governing the main types of tortious obligation.
Use the knowledge of the law and its context to engage with broader questions of policy, regulation and change.
Demonstrate well-developed case reading skills. This will include the ability to understand and critique the legal and policy arguments which may drive the outcome of a case.
Use cases, including judicial quotations, to support (or negate) an argument.
Demonstrate a clear understanding of the role of precedent and analogical reasoning in legal decision-making while being alive to the possibility and influence of judicial creativity.
Conduct research into complex legal issues involving tort law and use primary, secondary and/or extra-legal sources in the construction of legal arguments while recognising areas of uncertainty or contention.