The Law of Tort - LW651

Location Term Level Credits (ECTS) Current Convenor 2019-20
Canterbury Spring
View Timetable
5 15 (7.5) MR P Laleng

Pre-requisites

LW315/325 Introduction to Obligations. Co-requisite LW650 Law of Contract.

Restrictions

Only available to Law students. Cannot be taken if already taken LW597.

2019-20

Overview

The 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.

Details

Contact hours

30 hours.

Availability

Spring term.

Method of assessment

40% coursework consisting of a legal problem question and 60% examination.

Indicative reading

See the library reading list for this module (Canterbury)

Learning outcomes

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.

University of Kent makes every effort to ensure that module information is accurate for the relevant academic session and to provide educational services as described. However, courses, services and other matters may be subject to change. Please read our full disclaimer.