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 Examination
100.00%
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
SETU Carlow Campus reserves the right to alter the nature and timings of assessment