Module Title:The Law of Torts
Language of Instruction:English
Credits: 15
NFQ Level:8
Module Delivered In 2 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving Exercises - student will work as part of a team and will work together to resolve various legal scenarios. Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills. E-Learning - It is envisaged that the module will be supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices.
Module Aim: The aim of this module is to provide students with comprehensive understanding of the general principles of tort law by examining the various forms of liability attaching to the main torts; the principles upon which liability is based in such areas as negligence, nuisance, liability for escapes, trespass and defamation; the relationship between common law, legislation and judicial policy. This module also aims to contribute to the development of the student’s skills in legal analysis and problem solving as well as research and reasoning skills.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 Identify and demonstarate an understanding of the functions and principles of tort law and the general characteristics of tortious liability
LO2 Analyse the essential elements of the tort of negligence and the circumstances in which liability in negligence will arise
LO3 Distinguish between liability arising through fault-based and strict liability torts
LO4 Utilise traditional and electronic sources in carrying out legal research relating to the law of tort
LO5 Solve legal problems by analysing factual situations and identifying and applying the relevant law in order to produce reasoned solutions
LO6 Explain the role of tort law in addressing the requirements public policy and issues of personal responsibility
LO7 Demonstrate understanding of both general and specific defences and the remedies available in an action in tort law
LO8 Critically evaluate existing tort law in order to produce convincing arguments for reform
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
Introduction to Torts (5%)
• Definition, nature, aims and functions of the law of torts • Historical development • The law of torts and its relationship with other areas of law
Causation and Remoteness (5%)
• Introduction • Causation – factual and legal • Remoteness
Negligence: General Principles (15%)
• Introduction to and history of negligence • Duty of Care • Breach of Duty – Standard of Care, Proof of Breach • Damage • Recovery for Economic Loss and Nervous Shock
Negligence: Specific Applications (15%)
• Dangerous Products (including Liability for Defective Products Act 1991) • Employers’ Duty to Employees • Road Accidents • Professional Negligence including Negligent Misstatements • Construction and Maintenance of Real property (including Occupiers’ Liability) • Public Authorities’ Duties • Occupiers’ Liability
Trespass (5%)
• Introduction • General Characteristics • Trespass to the Person • Trespass to land • Trespass to chattels • Defences
Nuisance (5%)
• Introduction • Private nuisance • Public Nuisance • Defences
Strict Duties (5%)
• Introduction • Rylands v Fletcher • Duty in relation to ultra hazardous activities
Economic Torts (5%)
• Introduction • Deceit • Injurious Falsehood • Passing Off • Interference with Economic Relations • Other torts – conspiracy, intimidation, interference with contractual relations, detinue, conversion, breach of confidence
Defamation (10%)
• Introduction • Elements of a cause of action • The Common Law rules • The Defamation Act 2010 • Defences
Emerging Causes of Action (5%)
• Introduction • Interference with Constitutional Rights • Breach of EU Law • Non-contractual liability in EU law
Miscellaneous Torts (5%)
• Abuse of Process • Interference with Domestic Relations • Liability in respect of fire • Liability in respect of animals • Actions on the case • Innominate torts
Defences, Proofs and Limitations (5%)
• Defences – contributory negligence, consent or waiver • Proof – burden and standard of proof, res ipsa loquitur, types of evidence, appealing findings of fact • Limitation of actions
Parties to Tort Actions (5%)
• Introduction • The State • Foreign States • The EU • Associations • Minors • Mentally Disabled persons • Concurrent Wrongdoers • Personal Representatives • Relatives
Responsibility for Others (5%)
• Introduction • Vicarious Liability • Non-delegable duties • Duties of Control
Remedies (5%)
• Introduction • Damages – categories of damages and quantum • Fatal Injuries and Death • Injunctions – quia timet, mandatory, prohibitory, interim, interlocutory and perpetual injunctions • Self help • Alternative Dispute resolution • Injuriesboard.ie
Assessment Breakdown%
Continuous Assessment40.00%
End of Module Formal Examination60.00%
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Other A written examination which will be given in term one and will require candidates to apply their knowledge and problem-solving skills in answering one or more essay and/or problem question(s). 1,2,3,4,5,7 20.00 n/a
Project An essay question or hypothetical problem question to be given in term two. Students will be required to research the issues involved in accordance with defined instructions, and present their findings and/or proposals in writing, orally or both. 1,2,3,4,5,6,7,8 20.00 n/a
No Project
No Practical
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Formal Exam End-of-Semester Final Examination 1,2,3,4,5,6,7,8 60.00 End-of-Semester

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 3.00
Independent Learning Time Every Week 4.00
Total Hours 7.00
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_BBLAW_B Bachelor of Business (Honours) in Business with Law 2 Mandatory
CW_BBLAW_C Higher Certificate in Business with Law 2 Mandatory