CONTEMPORARY ISSUES IN DELICT

SHE Level 4
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code MHM221653
Module Leader Eleanor Russell
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

M1M108448 Scots Private Law or M1M108557 Scots Private Law or M1M208546 Business Law 1

Summary of Content

This module will explore the theoretical underpinnings, substantive rules and practical application of aspects of the law of delict which, at the time of module delivery, appear to be of contemporary significance. Aspects of the law of delict may include, for example, 'nominate' delicts, the concept of culpa and its consequences, the role of statute and other forms of regulation, the role of policy factors and practical issues related to pursuing a claim.

Syllabus

The concept of culpa and its manifestations Contemporary issues in respect of 'nominate' delicts/torts " The relationship between nominate delicts and the general concept of culpa " The rigidity of boundaries in respect of nominate delicts Contemporary issues in respect of delictual liability at common law: " The expansion/retraction of the duty of care concept " The standard of care expected in particular circumstances " The rigidity of causal concepts The role of policy in the law of reparation The role of statute in the law of reparation " Culpa/strict liability " Breach of statutory duty Practical issues in seeking reparation in the law of delict " Time bar issues " Evidential matters " Assessment of damages

Learning Outcomes

On successful completion of this module, the student should be able to:Critically analyse the role(s) of contentious aspects of the law of delict in modern societyIdentify and synthesise relevant legal issues arising in practical problems Advance and sustain a structured argument in support of a particular assertion drawing upon and appropriately utilising relevant authority Engage in informed debate with legal experts on a range of legal matters Update acquired knowledge in order to keep pace with changes in relevant areas of law.Identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference.Identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list.

Teaching / Learning Strategy

Lectures: General coverage of topics set out in teaching programme. Backed by a programme of seminars in specified and specific topics relating to delictual liability. Students will also be required to engage in directed and independent learning.

Indicative Reading

Essential Reading Thomson, Delictual Liability , Tottel Publishing, 4th ed, 2009 OR McManus & Russell, Delict: A Comprehensive Guide to the Law , DUP, 2 nd ed, 2011 Other Reading Atiyah, The Damages Lottery , Hart Publishing, 1997 Brazier & Cave, Medicine, Patients and the Law , 5th ed, Penguin, 2011 Christie, Moreham & Warby, Tugendhat & Christie: The Law of Privacy & The Media , 2 nd ed, OUP 2011 Conway, Personal Injury Practice in the Sheriff Court , W Green, 2nd ed, 2003 Dugdale Jones & Simpson, Clerk & Lindsell on Torts , Sweet & Maxwell, 20th ed, 2010 (available via Westlaw) Fenwick & Philipson, Media Freedom Under The Human Rights Act , OUP, 2006 Hadwin & Bloy, Law & The Media , Sweet & Maxwell, 2 nd ed, 2011 Hepple, Howarth & Matthews, Tort Cases & Materials , OUP, 6th ed, 2008 Howarth, Tort Law , Hart, 2 nd ed, 2012 Johnston, Prescription and Limitation , W Green, 1999 Kenyon et al, New Dimensions in Privacy Law: International and Comparative Perspectives , CUP, 2006 Lunney & Oliphant, Tort Law, Text & Materials , OUP, 4 th ed, 2010 MacGregor (ed), Avizandum Legislation on The Scots Law of Obligations , 4th ed, 2009, Avizandum Markesinis & Deakin's Tort Law , OUP, 6th ed, 2007 Mason & Laurie, Mason & McCall Smith's Law & Medical Ethics , OUP, 8th ed, 2010 Neyers, Chamberlain & Pitel, Emerging Issues in Tort Law , Hart, 2007 Reid, Confidentiality, Personality & Privacy in Scots Law , W Green, 2009 Rogers, Winfield & Jolowicz on Tort , Sweet & Maxwell, 18 th ed, 2010 Rozenberg, Privacy and The Press , OUP, 2005 Stanton et al, Statutory Torts , Sweet & Maxwell, 2003 Steele, Tort Law, Text, Cases & Materials , OUP, 2 nd ed, 2010 Stewart, Delict , W Green, 4th ed, 2004 Stewart (ed), Greens Reparation Bulletin , W Green Stewart, Casebook on Delict , W Green, 2nd ed, 1997 Thomson (ed), Delict , SULI, W Green, Edinburgh, 2007 White & Fletcher, Delictual Damages , Tottel, 2000 Van Gerven, Tort Law: Casebooks for the Common Law of Europe , Hart Publishing, 2001 Walker, Prescription and Limitation of Actions , W Green, 6th ed, 2002 Whitty & Zimmerman (eds), Rights of Personality in Scots Law , DUP, 2009

Transferrable Skills

Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: -360b7 Preparing for and delivering group presentations b7 Questioning presenting peers b7 Preparing for and delivering reflective report b7 Answering questions in the final examination Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: -360b7 Preparing for lectures b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, handout and self-searched material b7 Preparing for and delivering group presentations b7 Reflecting on preparation and delivery of group presentations b7 Preparing for and delivering reflective report b7 Preparing for final examination Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Reflecting on lecture, handout and self-searched material b7 Preparing for and delivering group presentations b7 Questioning presenting peers b7 Reflecting on preparation and delivery of group presentations b7 Preparing for and delivering reflective report b7 Preparing for final examination b7 Answering questions in the final examination Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: -360b7 Consolidating material delivered at lectures b7 Supplementing delivered material with additional reading b7 Preparing for and delivering group presentations b7 Reflecting on preparation and delivery of group presentations Preparing for final examination

Module Structure

Activity Total Hours
Directed Study 40.00
Lectures (FT) 24.00
Seminars (FT) 10.00
Independent Learning (FT) 106.00
Assessment (FT) 20.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 3.00 60.00 35% Unseen Exam (Closed Book)
Coursework 0.00 20.00 35% Group Presentation
Coursework 2 0.00 20.00 35% Report (750 words)