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LS2537: TORT IN COMPARATIVE CONTEXT (2017-2018)

Last modified: 25 May 2018 11:16


Course Overview

The aim of this course, open to students who have already studied the Scots law of delict (and compulsory for those on the ‘Law with English Law’ programme), is to extend their expertise to embrace the English law of torts. More particularly, it aims to provide knowledge and understanding of the conceptual structure of this branch of English law in comparison with the corresponding branch of Scots law, and deals in detail with a few specific areas of tort liability, such as environmental torts, occupiers’ liability and trespass to land.

Course Details

Study Type Undergraduate Level 2
Term Second Term Credit Points 7.5 credits (3.75 ECTS credits)
Campus None. Sustained Study No
Co-ordinators
  • Professor John Ford

Qualification Prerequisites

  • Either Programme Level 2 or Programme Level 3

What courses & programmes must have been taken before this course?

  • LS2025 Delict & Unjustified Enrichment (Studied)
  • LS1025 Legal System (Studied)
  • LS1522 Legal Method (Studied)
  • Programme Level 2
  • Any Undergraduate Programme (Studied)
  • Law (LS) (Studied)
  • LS1528 Introduction to English Legal System (Studied)

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

None.

Are there a limited number of places available?

No

Course Description

This course builds upon the introduction to key property concepts of legal wrongs and the remedies therefore provided in Foundations of Private Law and Delict and Unjustified Enrichment. Students will learn the conceptual framework of the English law of tort and the Scots law of delict, and the differences between the two and the consequences which those differences have for the resolution of real-life legal problems as well as learning the essential elements of selected torts and delicts. The wrongs taught may include: property-related torts such as conversion, the economic torts/delicts, the law of libel and slander/defamation and verbal injury and the law of breach of confidence and privacy. (The law of negligence, having been extensively covered in Delict and Unjustified Enrichment, will generally feature less prominently in this course than in Delict and Unjustified Enrichment, but areas where particular differences either exist or have been perceived to exist (eg. as between the Scots rules on prescription and the English rules on limitation and as concerns the concept of non-feasance) will be considered. Human Rights, freedoms and protection shall be considered where relevant (eg. in the contect of the law of breach of confidence).

Further Information & Notes

This course is a compulsory course for students following the LLB in Law and English Law programme and may be studied if desired as an elective course by LLB students following other programmes. Students who need to find another 7.5 credit course to study alongside this one are directed towards introduction to Comparative Law although the two courses are not strictly co-requisites and other 7.5 courses may be studied if desired.


Contact Teaching Time

Information on contact teaching time is available from the course guide.

Teaching Breakdown

More Information about Week Numbers


Details, including assessments, may be subject to change until 30 August 2024 for 1st term courses and 20 December 2024 for 2nd term courses.

Summative Assessments

1st Attempt: First part is assessed solely by a 1500 word essay (40% of the marks).  The second and third parts are assessed solely by an exam (60% of the marks).  The duration of the exam 90 minutes.

Formative Assessment

Optional online quizzes will be available to assist students in their learning. Students will partake in a group presentation.

Feedback

Answers will be provided to the online quizzes. Relative to the summative coursework, a model answer will be provided and the students' coursework returned with written comments thereon. Students who wish further feedback will have an opportunity to meet the course coordinator. Students will receive verbal feedback from their tutors on their oral presentations. Students who fail the final exam have the option to go over their final first paper prior to the resit. Feedback will be provided on an ongoing basis in tutorials in the form of tutors' responses to students' contributions in class.

Course Learning Outcomes

None.

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