Module Title:Tort Law 2
Language of Instruction:English
Credits: 10
NFQ Level:8
Module Delivered In 4 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving Exercises - students 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 by online learning materials. Self-Direct Independent Learning - the emphasis on independent learning will develop strong and autonomous work and learning practices.
Module Aim: To provide students with a 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 Solve legal problems by analysing factual situations and identifying and applying the relevant law in order to produce reasoned solutions.
LO2 Explain the role of tort law in addressing the requirements of public policy and issues of personal responsibility.
LO3 Demonstrate understanding of both general and specific defences and the remedies available in an action in tort law.
LO4 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
Trespass
Introduction • General Characteristics • Trespass to the Person • Trespass to land • Trespass to chattels • Defences
Nuisance
Introduction • Private nuisance • Public Nuisance • Defences
Strict Duties
Introduction • Rylands v Fletcher • Duty in relation to ultra-hazardous activities
Economic Torts
Introduction • Deceit • Injurious Falsehood • Passing Off • Interference with Economic Relations • Other torts – conspiracy, intimidation, interference with contractual relations, detinue, conversion, breach of confidence
Defamation
Introduction • Elements of a cause of action • The Common Law rules • The Defamation Act 2009 • Defences
Emerging Causes of Action
Introduction • Interference with Constitutional Rights • Breach of EU Law • Non-contractual liability in EU law
Miscellaneous Torts
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
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
Introduction • The State • Foreign States • The EU • Associations • Minors • Mentally Disabled persons • Concurrent Wrongdoers • Personal Representatives • Relatives
Responsibility for Others
Introduction • Vicarious Liability • non-delegable duties • Duties of Control
Remedies
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%
End of Module Formal Examination100.00%
No Continuous Assessment
No Project
No Practical
End of Module Formal Examination
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Formal Exam n/a 1,2,3,4 100.00 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 14.00
Total Hours 17.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_BBLAW_B Bachelor of Business (Honours) in Business with Law 4 Mandatory
CW_BBLEG_C_1 Higher Certificate in Arts in Legal Studies 4 Mandatory
CW_BBLAW_C Higher Certificate in Business with Law 4 Mandatory
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 2 Mandatory