MODULE DESCRIPTOR

MODULE TITLE LAW OF TORT SI MODULE CODE 24-6031-00L MODULE CREDITS 20 MODULE LEVEL 6 SUBJECT GROUP Law MODULE JACS CODE M224 DEPARTMENT Law, Criminology and Community Justice MODULE LEADER Mark Edwards NOTIONAL STUDY HOURS BY TYPE

Tutor-led Tutor-directed Self-directed Total Hours 30 100 70 200

MODULE AIM(S)

• To satisfy the academic stage requirements of a qualifying law degree recognised by the General Council of the Bar and the Law Society of England and Wales.

• To develop further students' capacity for legal reasoning and understanding of judicial and legislative rule-making.

• By emphasising the purposes and functions of the principles of tortious liability, the module aims to promote understanding of the connections between tort law and the moral, social and economic values in society.

• To develop a critical approach towards evaluating the adequacy of this core part of the law. MODULE LEARNING OUTCOMES

By engaging successfully with this module a student will be able to:

• Explain and evaluate the principles of liability and how they apply to protect certain of the citizen's rights and interests.

• Interpret, analyse and critically evaluate complex tort problems so as to provide appropriate solutions.

• Recognise and evaluate the moral, social and economic factors which influence and underpin the liability rules.

• Critically evaluate the power of competing arguments concerning the scope, purpose and effectiveness of tortious liability.

• Develop a capacity for advanced legal research and independent learning by locating and employing relevant information obtained from primary and secondary sources, electronic or otherwise.

INDICATIVE CONTENT

• The nature and purposes of tortious liability. • General principles of negligence liability, and some of its special applications such as pure

economic loss and psychiatric injury. • Occupiers' liability. • Liability for intentionally caused harm. • Joint and vicarious liability. • Defences. • Remedies, in outline. • . • Private Nuisance • Defamation

LEARNING AND TEACHING METHODS

Students will be supported in their learning, to achieve the above outcomes, in the following ways:

The module is taught across two semesters. Normally there will be a weekly lecture and a fortnightly seminar. Typically, lectures aim to give a broad overview of the substantive content, highlighting the purposes of the liability rules and the key issues students will need to consider further in their private study and in seminars. Seminars provide the opportunity to express and develop informed opinions, demonstrate understanding, research skills, and the ability to apply legal rules to the solution of problems, usually by oral debate, argumentation and group discussion. There is an emphasis on problem-based learning. A substantial module handbook and study guide is provided detailing the lecture and seminar programme, readings, and other sources in the printed and electronic literature and data bases. The manual contains self-study materials for certain topics, such as trespass to the person, duty of care, and vicarious liability designed to enable students to gauge for themselves their understanding of these topics and to better prepare for the associated seminar. ASSESSMENT STRATEGY

TASK DESCRIPTION SI

Code Task Weighting %

Word Count / Duration

In-module retrieval available

1 Problem essay CW 50% 2,200 N 2 Examination EX 50% 2 hours N ASSESSMENT CRITERIA

• Evidence of research into primary and secondary sources. • Accurate identification of the legal issues. Application of appropriate legal principles. • Clarity and accuracy of the analysis and argument. • Overall quality and persuasive power of the suggested solution.

To pass the module students need to demonstrate:

• The ability to identify, explain and apply legal principles to factual situations and formulate credible solutions.

• Demonstrate a sound awareness of tort law general principles, with mainly accurate application of those principles.

• The ability to construct a reasoned argument with relevant supporting evidence. FEEDBACK

Students will receive feedback on their performance in the following ways: Students will be given formative feedback in seminars and on the self study materials. The first seminar of semester 2 will be devoted to feedback on the coursework assessment. The opportunity will be given for feedback on the examination to those who request it.

LEARNING RESOURCES (Including textbooks and other materials)

The key learning resources available to support students’ learning are: Textbooks: The core text book we recommend students to buy for this module, at this level of study, is: • Kirsty Horsey and Erika Rackley, Tort Law (3rd edn, OUP 2013)

However, tort law is so wide ranging that a core text book, that is appropriate and readable for everyday use on the module, is rarely enough, particularly when researching for assessment. As a result we recommend the following: Arguable the most authoritative texts in this area are: • WVH Rogers, Winfield and Jolowicz on Tort (18th edn, Sweet & Maxwell 2010) • Simon Deakin, Angus Johnston and Basil Markesinis, Markesinis and Deakin’s Tort Law (7th edn,

OUP 2012) – estimated Oct 2012 publication Other substantial text books of merit are: • Nicholas McBride and Roderick Bagshaw, Tort Law (4th Edn, Pearson, 2012)

• John Murphy and Christian Witting, Street on Torts (13th edn, OUP 2012) There are a wide variety of more easily readable texts for undergraduate study. We have listed a few below: • Vera Bermingham and Carol Brennan, Tort Law (3rd edn, OUP 2012) • Richard Kidner, Casebook on Torts (12th edn, OUP 2012) • Frances Quinn, Tort Law (Pearson, 2012) • Catherine Elliott and Frances Quinn, Tort Law (9th edn, OUP 2013) • Steve Hedley, Tort (7th edn, OUP 2010) Note – a number of books are now available as e-books and can be accessed on line through the Library Catalogue. Cases & Materials Textbook: For students who like cases and materials books, the following are good, expansive books: • Mark Lunney and Ken Oliphant, Tort Law: Text and Materials (5th Edn, OUP 2013) • Jenny Steel, Tort Law: Text, Cases and Materials (9nd edn, OUP 2013) Statute Book: Francis Rose, Blackstone’s Statutes Contract, Tort & Restitution 2013-14 (OUP, Oxford 2013) – we wouldn’t recommend purchasing this, as statute is now so easily accessible on line and students cannot take a statue book into the exam. Other texts: The following, authoritative publications are very expensive but are available on line on either Westlaw or LexisNexis. • Michael Jones and Anthony Dugdale, Clerk & Lindsell on Torts (20th edn, Sweet & Maxwell 2011) • Christopher Walton (HHJ), Charlesworth & Percy on Negligence (12th edn, Sweet & Maxwell,

2011) • Michael Pether and others, Bingham & Berrymans’ Personal Injury and Motor Claim Cases (13th

edn, Lexis 2010) A more discursive and academic look at tort law can be found in books like: • Janice Richardson and Erika Rackley (ed), Feminist Perspectives on tort law [online] (2012)

eBook from Routledge. • Peter Cane, Atiyah's accidents, compensation and the law (7th edn, Cambridge 2006) • Joanne Conaghan and Wade Mansell, The Wrongs of Tort (2nd edn, Pluto Press 1999) • Ps Atiyah, The Damages Lottery (Hart 1997) Note that some of these, whilst critically acclaimed, are old. We still list them as they form foundations of arguments about the effectiveness of tort law and, these arguments still prevail today. However, any text on tort over a couple of years old has to be read with care as tort generates a good deal of

litigation and is constantly developing. As a result these texts are better supplemented by reading up to date journal articles on these discursive areas. Other learning resources: • The ‘Virtual Learning Environment’ (VLE) – the e-learning mechanism known as Shuspace – and

specifically Blackboard. • Legal databases – in particular Westlaw, LexisLibrary and Lawtel

o These resources are invaluable as they provide on-line electronic links to cases, statutes, journal articles, Law commission reports, Government publications and other key legal materials

• The Learning Centre o Core text books o Law Reports for cases o Statutory provisions o Journals and articles (many now available electronically) o Key text area o Silent study area o Group study areas o Individual work areas o PC’s, Wifi for laptops o Hire of audio-visual equipment

• Law of Tort Module Manual • Lecture slides/materials

o These are available to print off in advance of lectures to assist with note taking and to form a basis for research for seminars. These will also be a useful aid to revision later on in the module.

SECTION 2 (INFORMATION FOR STAFF ONLY) MODULE DELIVERY AND ASSESSMENT MANAGEMENT INFORMATION MODULE STATUS - INDICATE IF ANY CHANGES BEING MADE NEW MODULE N EXISTING - NO CHANGE N wording Title Change N Level Change N Credit Change N Assessment Pattern Change N Change to Delivery Pattern N Date these changes will be implemented 09/2014

MODULE DELIVERY PATTERN - If the course will have more than one intake, for example September and January, please give details of the module start and end dates for each intake

Module Begins Module Ends Course Intake 1 09/14 05/15 Course Intake 2 DD/MM/YYYY DD/MM/YYYY Course Intake 3 DD/MM/YYYY DD/MM/YYYY

Is Timetabled Contact Time Required for this Module? Y

Are any staff teaching on this module non-SHU employees? N If yes, please give details of the employing institution(s): What proportion of the module is taught by these staff, expressed as a percentage?

----------------------------------------------------------------------------------------------------------------------- MODULE ASSESSMENT INFORMATION Does this Module (with a Model A Assessment Pattern) Require Either* Overall Percentage Mark Y Overall Pass / Fail Grade N

*Model A module cannot include both percentage mark and pass/fail graded tasks FINAL TASK According to the Assessment Strategy shown in the Module Descriptor, which task will be the LAST TASK to be taken or handed-in? (Give task number as shown in the Assessment Strategy)

Task No. 2

MODULE REFERRAL STRATEGY Task for Task (as shown for initial assessment strategy) Y Single Referral Package for All Referred Students N

*if YES complete table below SINGLE REFERRAL PACKAGE DETAILS TASK DESCRIPTION Task

Code Task Weighting % Word Count /

Duration 1 2 3 4 5 6

CHECKED Date Reason March 2015 Checked Against SI - correct