Aspects of Tort Law

Course Description

This unit introduces students to aspects of tort law and how it has developed though common law and statutory law. The unit will cover negligence and duty of care principles as well as defences for claims that arise in negligence. Students will also explore the area of vicarious liability and where this arises.

Course Objectives

This unit introduces students to aspects of tort law and how it has developed though common law and statutory law. The unit will cover negligence and duty of care principles as well as defences for claims that arise in negligence. Students will also explore the area of vicarious liability and where this arises.

Key Topics

1. LO1: Understand the development of common tort law
2. LO2: Understand the law governing duty of care
3. LO3: Understand vicarious liability and describe the tests used in establishing vicarious liability
4. LO4: Understand defences to claims in negligence

Course Outline

Learning Outcomes

1. LO1 Understand the development of common tort law
2. 1.1 Define duty of care.
3. 1.2 Define tort law.
4. 1.3 Define the functions of tort law.
5. 1.4 Describe the term negligence.
6. 1.5 Explain the historical origins of tort law.
7. LO2 Understand the law governing duty of care
8. 2.1 Define the tests governing duty of care in negligence.
9. 2.3 Describe the standard test for breach of duty.
10. 2.3 Describe the standard test for breach of duty.
11. 2.4 Explain the meaning of public policy in the context of duty of care in negligence.
12. 2.5 Explain the breaks in the chain of causation.
13. 2.6 Explain the requirement of reasonable foreseeability.
14. 2.7 Analyse causation and the legal tests that are needed.
15. LO3 Understand vicarious liability and describe the tests used in establishing vicarious liability
16. 3.1 Define vicarious liability.
17. 3.2 Explain the elements needed to establish vicarious liability.
18. 3.3 Analyse the tests for identifying employment status.
19. LO4 Understand defences to claims in negligence
20. 4.1 Outline the use of exclusion clauses.
21. 4.2 Define the function and nature of defences.
22. 4.3 Explain appropriate defences to claims of negligence.
23. 4.4 Explain the defence of contributory negligence.
24. 4.5 Analyse the defence of ex turpi causa.
25. 4.6 Analyse the defence of consent Volenti non-fit injuria.