LAW06086 2021 Tort Law

General Details

Full Title
Tort Law
Transcript Title
Tort Law
Code
LAW06086
Attendance
N/A %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
06 - NFQ Level 6
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2021 - Full Academic Year 2021-22
End Term
9999 - The End of Time
Author(s)
Breda McTaggart, Esther Quinn, Deirdre McCaffrey
Programme Membership
SG_GLAWB_H08 202100 Bachelor of Arts (Honours) in Law and Business SG_GLAWB_H08 202200 Bachelor of Arts (Honours) in Law and Business
Description

The focus of this module is to equip students with an insightful appreciation of the rationale and understanding of non-contractual civil obligations. A structured outline of a range of actionable torts will be delivered with the aim of encouraging students to think broadly and analytically about the core concepts, key principles, judgements and statutory law. Students will thereby acquire a firm knowledge of the function and workings of the law of tort in contemporary society.  

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Understand the evolution of Irish Tort law including its rationale, function and philosophy.

2.

Examine the key concepts, principles and rules governing a range of torts in the context of both common law and statute. 

3.

Explore the nature of the law of torts as a system for compensating injured parties and in the prevention of injury

4.

Apply the principles present in key torts studied to given hypothetical scenarios.

Teaching and Learning Strategies

The teaching and learning strategy is based on student-centred reflective active and independent learning. In order to allow students acquire knowledge and skills a range of material is delivered by way of lectures and tutorials with blended learning also a feature of the module.  Library and computer resources available as appropriate.   

As this expansive module is accorded five credits in the programme, flexibility in respect to the delivery of the indicative syllabus is required.  

Module Assessment Strategies

The assessment strategy is aligned with the teaching/learning strategy in that students have the opportunity to experience reflective learning through continuous assessment which amounts to 50% of the overall mark. An end of semester exam will contribute the balance of 50% to the final mark.      

Repeat Assessments

Repeats available to students who do not score a pass grade as per 'marks and standards' policy. 

Indicative Syllabus

1. Introduction to the law of tort 

  • Nature and function of torts
  • Causation; remoteness

2. Negligence

  • Duty of care/standard of care
  • Defences 

3. Injury to Persons/ Injury to Property

  • Physical - (occupier's liability; employer's liability; product liability) 
  • Non-physical - (defamation; negligent mis-statement, interference with relationships) 
  • Tort and Property - trespass and nuisance

4.   General

  • Vicarious liability 
  • Remedies  
  • Defences 
  • Limitation of Action 

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
50 %
End of Semester / Year Formal Exam
50 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 To be decided Coursework Assessment Assignment 50 % Week 5 1,2
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Examination Final Exam Closed Book Exam 50 % Week 12 1,2,3,4
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Not Specified Class delivery 2 Weekly 2.00
Tutorial Not Specified Class Activity 1 Weekly 1.00
Independent Learning Not Specified Independent learning 4 Weekly 4.00
Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Required & Recommended Book List

Required Reading
2005 A Casebook On Law of Torts Tottel Publishing

Recommended Reading
2013-06-30 Law of Torts Bloomsbury Professional
ISBN 1847669174 ISBN-13 9781847669179

This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.

Required Reading
2010-08-27 Make That Grade Irish Tort Law Gill & MacMillan
ISBN 071714559X ISBN-13 9780717145591

The definitive, concise text for exam success An updated edition of this very popular outline of Irish Tort Law, structured to promote logical learning of Tort Law for students. New to this edition - Examines the changes to defamation law proposed by the Defamation Bill 2006. - Presents the essentials of the law in clear, accessible language. - Structured to promote logical learning of Tort law for students. - Provides new Statute tables for the relevant Statutes that impact on Torts. - Includes a chapter on how to best answer Tort Law questions. - Short self-assessment application problems are also provided at the end of each topic. - Can be used as a summary/explanatory text while studying Tort Law or as a revision text at exam time. SUITABLE FOR: All academic and professional courses on Irish Tort Law within: - Universities - Institutes of Technology Professional Courses such as ACCA, CIMA, ACA, IATA, IIPA Also suitable for the Law Society Entrance Exam

Recommended Reading
2006 Principles of Irish Torts Law
ISBN 1905536062 ISBN-13 9781905536061

The book is dedicated to essential elements and themes, and to contrasts between the torts with a view to their proper application to the circumstances of problems and cases.

Recommended Reading
2005-01 Tort
ISBN 1858003903 ISBN-13 9781858003900

A textbook with caselaw taken from a number of jurisdictions. It also contains notes and questions for the student to consider.

Recommended Reading
2006 Tort Thomson Roundhall
ISBN 1858004438 ISBN-13 9781858004433
Required Reading
2014-10-10 Tort Law in Ireland
ISBN 1905536690 ISBN-13 9781905536696

Part of The Core Text series, this book covers the essential principles of Irish tort law in a clear and succinct style, making it an ideal introduction to the law of tort for undergraduate students. Tort Law in Ireland is fully up-to-date to reflect recent developments in the law, including consideration of new cases on privacy, economic loss, vicarious liability, standard of care, occupiers' liability, and more. The book introduces the central principles and themes of tort law, providing a concise exposition of the law in an easy-to-use format. The book's diagrams, tables, flow-charts, and summaries reinforce the information and provide quick visual cues for the understanding of the main points. Each chapter also examines key Irish legal principles and, with examples of case decisions, places each area of law into context. Contents include: A General Overview * Negligence: Duty of Care * Negligence: Economic Loss * Negligence: Psychiatric Injury * Breach of Duty: The Standard of Care * Causation in Fact * Causation in Law * Employers' Liability and Vicarious Liability * Liability for Defective Products * Trespass to Land * Intentional Interference with the Person * Trespass to Chattels * Nuisance * The Rule in Rylands v Fletcher * Occupiers' Liability * Defamation * Privacy * Defenses and Limitation * Remedies and Principles of Compensation. (Series: The Core Text) [Subject: Tort Law, Irish Law]

Recommended Reading
2014-08-22 Torts in Ireland Gill & MacMillan
ISBN 0717159701 ISBN-13 9780717159703

The fourth edition of this well-established textbook clarifies the essential concepts of tort law in Ireland, while providing clear and detailed explanations of the rules relating to each tort. New to this edition: Key ground-breaking decisions in a number of recent Supreme Court and High Court cases involving: Privacy Immunity in the conduct of investigations No duty of care on a commercial server of alcohol Accrual and quantification of claims for pure economic loss Dismissal of claims for adducing misleading evidence. Includes new cases on topics such as: Psychiatric harm State liability for negligent misrepresentation Liability for violation of ECHR rights Witness immunity Employers' liability Road traffic accidents Trespass Nuisance Misfeasance in public office Causation Contributory negligence Vicarious liability Damages. All the core areas of the law of torts as applied in Ireland are dealt with, along with reference to recent legislation and initiatives, including: The Defamation Act 2009 The Civil Law (Miscellaneous Provisions) Act 2011 The Criminal Law (Defence and the Dwelling) Act 2011. Focuses on Irish law, but relevant new material from other jurisdictions such as England, Australia, Canada and the US is also included. Written For: Undergraduate law and business students, legal practitioners and insurers

Module Resources

Non ISBN Literary Resources

McMahon B & Binchy W, A Casebook on Law of Torts, 3rd ed Tottel Publishing 2005 

Journal Resources
URL Resources
  • www.irishstatutebook.ie     
  • www.oireachtas.ie   
  • www.courts.ie     
  • www.attorneygeneral.ie   
  • www.dppireland.ie  
  • www.lawreform.ie 
  • www.ihrec.ie
  • www.iccl.ie   
  • www.legalaid.ie   
  • www.flac.ie
  • www.lawsociety 
  • www.lawlibrary  
  • www.westlaw.ie 
  • www.irlii.org      
Other Resources
Additional Information