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Unit information: Law of Tort in 2024/25

Please note: Programme and unit information may change as the relevant academic field develops. We may also make changes to the structure of programmes and assessments to improve the student experience.

Unit name Law of Tort
Unit code LAWDM0062
Credit points 30
Level of study M/7
Teaching block(s) Teaching Block 2 (weeks 13 - 24)
Unit director Miss. Kate Bracegirdle
Open unit status Not open
Units you must take before you take this one (pre-requisite units)

None

Units you must take alongside this one (co-requisite units)

None

Units you may not take alongside this one

None

School/department University of Bristol Law School
Faculty Faculty of Social Sciences and Law

Unit Information

Why is this unit important?
Tort is one of the foundations of English law and the basis for multiple sectors of legal professional practice. It covers a wide range of the civil, as opposed to criminal, wrongs that people do to each other. A significant proportion of this unit will be spent on studying the most important tort of modern times, that of negligence. From a case brought by a woman who found a decomposed snail in the bottom of her bottle of ginger beer, this tort has become the basis for billions of pounds worth of claims for compensation each year in the UK. In our everyday lives, it is the tort of Occupiers’ Liability which helps to keep shops, restaurants, train stations and parks safe for us to visit them. Other important torts governing our everyday interactions include trespass to land, nuisance, assault and battery, false imprisonment and defamation.

How does this unit fit into your programme of study?
Tort is a fundamental part of private law and more specifically, the law of obligations, which you will encounter initially in your Contract Law unit. Whereas in Contract Law you will have learnt primarily about obligations which people agree to take on, obligations in tort are more usually seen to be imposed on people, in certain circumstances, by operation of the law. This unit therefore follows on coherently from your Contract Law studies. It will also build on your understanding of Land Law when we study the torts to land, such as nuisance. This is a core unit on the Law (MA) programme and can also be chosen by students on LLM programmes who have not previously studied English law.

Your learning on this unit

An overview of content
Negligence is the most important of the torts in English law, in terms of the extent to which this body of law has developed and the volume of litigation it produces in practice. This topic will therefore be the focus of our study for about half of the unit. In addition we will study the related topic of Occupiers’ Liability, and a selection of the following topics: Private Nuisance, Vicarious Liability, Personal Torts, Defamation and Remedies.

How will students personally be different as a result of the unit?
You will view commonplace situations in a new light, observing the range of tortious duties and potential claims that arise in routine interactions. You will develop an attention to detail and an appreciation of how, seemingly minor differences in factual situations, may have significant consequences for legal rights and obligations. You will have a strong understanding of the foundations of many important areas of legal practice, including personal injury litigation, medical negligence, motor and workplace accidents and professional negligence. You will be able to analyse complex problems, considering a range of competing legal arguments to identify the most likely outcome of litigation on the matter.

Learning Outcomes:
By the end of the unit, a successful student will be able to:

  1. Apply your knowledge and understanding of different torts to analyse and provide legal advice on realistic factual situations.
  2. Critically analyse and evaluate a range of legal academic arguments about tort law and its role in society.
  3. Formulate persuasive arguments critiquing existing laws, relevant academic commentary and potential reforms of the law.

How you will learn

The unit will be taught by means of lectures, other large group sessions and seminars. These activities will typically take place on campus. You will be directed to the study materials you will need and to the questions you need to prepare in advance of these sessions, which may comprise narrated videos, extracts from academic textbooks, case law and academic articles. This preparation is self-directed.

Seminar teaching is based around discussion and critical analysis of the study materials, with students expected to contribute to discussion and engage in peer-to-peer learning. There will be discussion of a problem question in most seminars, which will enable students to practise skills of critical analysis and application of the law to new fact situations. This is an ideal method of learning in this unit, due to the highly fact-sensitive nature of this area of law.

How you will be assessed

Tasks which help you learn and prepare you for summative tasks (formative):
Your seminars will engage with both the substantive content and the skills required to answer problem questions and essay questions. You will be asked to prepare and discuss answers to questions similar in style and content to those in the summative assessment. You will have immediate feedback through peer discussion and oral feedback from academic staff.

A formative assessment will take place midway through the unit in which will be a group work version of aspects of the summative assessment (1,500 words). Each submission will receive written feedback alongside cohort feedback (the latter typically during a lecture). There will be the opportunity in seminars to practise those aspects of the summative assessment not covered in the formative assessment.

Tasks which count towards your unit mark (summative):
The summative assessment assesses all Intended Learning Outcomes. This will be a coursework in which you will be required to answer (a) a problem question (2,000 words); and (b) an essay question (2,000 words).

When assessment does not go to plan:
When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis, using new assessment questions.

Resources

If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.

If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWDM0062).

How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours of study to complete. Your total learning time is made up of contact time, directed learning tasks, independent learning and assessment activity.

See the University Workload statement relating to this unit for more information.

Assessment
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit. The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates within the Regulations and Code of Practice for Taught Programmes.

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