Course Outline - “Punjab University Law College”“Dierence between Tort & Crime”Tort and crime PDF

Preview

Summary

Download Course Outline - “Punjab University Law College”“Dierence between Tort & Crime”Tort and crime PDF

Description

NORTH SOUTH UNIVERSITY SCHOOL OF HUMANITIES AND SOCIAL SCIENCES DEPARTMENT OF LAW COURSE OUTLINE NAME OF COURSE:

Law of Torts

TERM:

Spring 2020

COURSE CODE:

LAW 103/LAW 426

SECTION:

1

CLASS:

Mondays & Wednesdays 2:40 pm — 4:10 pm

CLASSROOM:

NAC 313

OFFICE HOURS:

Mondays & Wednesdays 12:00 pm — 1:00 pm Room: NAC 11–106

CREDIT HOURS:

3.0

INSTRUCTOR:

Sakif Alam

CONTACT:

[email protected]

SPECIAL ARRANGEMENTS North South University provides educational opportunities ensuring fair, appropriate, and reasonable accommodation to students with disabilities who require special arrangements made to facilitate the completion of their course work. Students with disabilities are encouraged to contact their Instructor so that their needs can be accommodated. COMPLAINT POLICY Students at North South University have the right to pursue formal complaints related to Faculty, Staff, and other Students. Please refer to the Code of Conduct for more information. However, if I have said anything offensive, I earnestly request that you speak to me first. That way, we can resolve the issue prior to it unnecessarily escalating.

© Sakif Alam

1

CONDUCT IN CLASSROOM CELLULAR PHONES: . EXPRESSION AND DISRUPTION: North South University is committed to the open expression and constructive debate relating to alternative views. Therefore, I invite disagreement. However, dissent in the classroom MUST be respectful and no form of ad hominem argumentation will be tolerated. Furthermore, you CANNOT be intolerant of others based on their gender, status, or other analogous grounds (see Sections 2.1 & 2.2 of Code of Conduct). ACADEMIC INTEGRITY POLICY Academic dishonesty of any type will not be tolerated. This includes, but is not limited to, plagiarism and copying others’ answers during Exams. Any form of communication during Exams will disqualify you from taking the Exam (see Section 3.1 of Code of Conduct). Students engaging in dishonest academic behavior will be subject to sanctions under Section 5.1 of the Code of Conduct, which can result in the student failing the course. LATE ASSIGNMENTS You must submit assignments on time. Though late assignments will be accepted, students will be penalized. • Assignments submitted late, but within 24 hours, will be penalized by 10% • Assignments submitted late, but within 48 hours, will be penalized by 20% • Assignments submitted late, but within 72 hours, will be penalized by 30% After 72 hours has elapsed, I will NOT accept assignments. ATTENDANCE POLICY In order to foster a collaborative learning environment where shared student participation is important, attendance is critical. North South University recognizes that exigent circumstances (illness or bereavement) may arise causing the student to miss classes. However, the student is still responsible for submitting his/her assignments on time. Under the Academic Information and Policies, a student who misses three consecutive classes may be dropped from the course (http://www.northsouth.edu/academic/academic-informationand-policies.html). COMMUNICATION POLICY I will primarily, unless compelling circumstances arise, be communicating with you through email. Therefore, the onus is on you to check your email regularly. Please refer to page 1 for my contact information. © Sakif Alam

2

COURSE DESCRIPTION This course provides an introduction to the Law of Torts with a particular focus on nuisance, intentional torts, and negligence. Remedies for negligence are also explored and alternative methods of providing compensation for accidental injury addressed. For example, what happens if one has caused physical injury to another or damaged his/her property; or, if one has interfered with another’s right over property; or, when one has harmed the reputation of another? COURSE OBJECTIVES 1. Analyze the foundational principles of tort law, undertake legal research at a foundational level, and evaluate legal information; 2. Apply tort law to complex problems and critique the operation of tort law from a theoretical/policy perspective; and 3. Advise clients in accordance with the learned principles. REQUIRED TEXT This course will NOT have a required textbook. I will provide you comprehensive notes weekly and you are to study those notes for the Quiz, Midterms, and the Final Exam. However, I will also give you cases to study in preparation for classes. EVALUATION (all components MUST be completed to get a passing grade) Class Participation: Class Attendance: Quiz: Group Project: Midterm 1: Midterm 2: Final:

5% 5% 10% (3 February) 10% (will be discussed in the following weeks) 20% (5 February) 20% (26 February) 30% (date to be decided by North South University)

Group Project: Each group will consist of 4-5 members. The group’s responsibility will be to present, for 8-10 minutes, a legal problem in Bangladesh that could be solved through the law of torts (more details will be provided in November 2019). For example, injuries and/or deaths resulting from negligent driving and compensation of victims. • There is no written element to this project. Quiz: There will be one quiz taken in class. The format of the quiz will be 5 multiple choice questions and 5 short answers (altogether, 10 questions). • The Quiz is CLOSED book/notes

© Sakif Alam

3

MIDTERM: There will be two midterms taken in class. The format of the midterms will be 4 problem questions. Furthermore, the Midterms and the Final Exam are open-book and open-notes. IMPORTANT NOTE: If you miss a Quiz or a Midterm, it must have been missed due to exigent circumstances (e.g. death in the family or that a family member was rushed to the hospital). Additionally, I will need proof of your reason. As in, if you miss an exam due to a medical emergency, you will need to provide proof of the said emergency.

MEDIUM OF INSTRUCTION North South University is committed to the quality of education and has chosen, as its medium of instruction, the LANGUAGE OF ENGLISH. Therefore, I will communicate with you — in and out of class — in english. Similarly, . FINAL GRADE The Final Grade will be the composite of all of the constituting points earned throughout the course. Students must complete every component of the Evaluation (refer to page 3) to receive a passing grade. Pursuant to North South University’s Grading Policy, students will receive grades as follows: A

93%—100%

B-

80%—82%

D+

67%—69%

A-

90%—92%

C+

77%—79%

D

60%—66%

B+

87%—89%

C

73%—76%

F

59% and below

B

83%—86%

C-

70%—72%

© Sakif Alam

4

SCHEDULE WEEK 1 I.

22 January

INTRODUCTION TO COURSE OUTLINE

27 January

NUISANCE

WEEK 2 II.

GROUNDS OF LIABILITY Appleby v Erie Tobacco Co Rogers v Elliott Lecture Notes III.

29 January

NUISANCE

GROUNDS OF LIABILITY Fontainebleau Hotel Corp v Forty-Five Twenty-Five, Inc Shuttleworth v Vancouver General Hospital NUISANCE: LEGAL PROCESS AND PUBLIC POLICY Bamford v Turnley Miller v Jackson Sturges v Bridgman Lecture Notes WEEK 3 IV.

3 February

QUIZ

INTENTIONAL TORTS AND INFORMED CONSENT Malette v Shulman Norberg v Wynrib E (Mrs) v Eve Lecture Notes V.

5 February

MIDTERM I

© Sakif Alam

5

WEEK 4 VI.

10 February

INTENTIONAL TORTS AND INFORMED CONSENT

In Re B Reibl v Hughes Hollis v Dow Corning Corp Lecture Notes VII.

12 February

VICARIOUS LIABILITY

Jones v Hart Ira S Bushey v United States Bazley v Curry Lecture Notes WEEK 5 VIII.

17 February

DAMAGES

Andrew v Grand & Toy Alberta Ltd Townsend v Kroppmanns Wilson v Martinello Lecture Notes IX.

19 February

DEFAMATION

Framework of the tort Cause of Action (statement, reference to plaintiff, and publication) Libel and Slander Lecture Notes WEEK 6 X.

24 February

DEFAMATION

Defenses Lecture Notes XI.

26 February

MIDTERM II

© Sakif Alam

6

WEEK 7 XII.

2 March

NEGLIGENCE

THE OBJECTIVE STANDARD Vaughan v Menlove McHale v Watson Lecture Notes XIII.

4 March

NEGLIGENCE

REASONABLE CARE Bolton v Stone Trimarco v Klein Ter Neuzen v Korn Lecture Notes WEEK 8 XIV.

9 March

NEGLIGENCE

PROOF OF NEGLIGENCE Baker v Market Harborough Industrial Cooperative Society Ltd Byrne v Boadle Fontaine v British Columbia (Official Administrator) Lecture Notes XV.

11 March

DUTY OF CARE

Winterbottom v Wright M’Alister (or Donoghue) v Stevenson Palsgraf v Long Island Railroad Co Lecture Notes WEEK 9 XVI.

16 March

DUTY OF CARE

Haynes v Harwood Dobson (Litigation Guardian of) v Dobson Cooper v Hobart Lecture Notes

© Sakif Alam

7

XVII.

18 March

REMOTENESS

In Re Polemis and Furness, Withy & Co Overseas Tankship (UK) v Morts Dock & Engineering (The Wagon Mound, No 1) Smith v Leech Brain & Co Ltd Hughes v Lord Advocate Lecture Notes WEEK 10 XVIII.

23 March

CAUSE IN FACT

Barnett v Chelsea & Kensington Hospital Management Committee Lambton v Mellish Lecture Notes XIX.

25 March

CAUSE IN FACT

Sunrise Co v Lake Winnipeg (The) Athey v Leonati Lecture Notes WEEK 11 XX.

30 March

CAUSE IN FACT

Blackstock v Foster Cook v Lewis Sindell v Abbott Laboratories et al McGhee v National Coal Board Lecture Notes XXI.

1 April

CAUSE IN FACT Snell v Farrell Clements v Clements Gregg v Scott DEFENSES CONTRIBUTORY NEGLIGENCE Butterfield v Forrester Froom v Butcher VOLUNTARY ASSUMPTION OF RISK Lambert v Lastoplex Chemicals Dube v Labar © Sakif Alam

8

WEEK 12 XXII.

6 April

PROBLEMS IN DUTY OF CARE AND REMOTENESS ECONOMIC LOSS Weller v Foot and Mouth Disease Research Institute PSYCHIATRIC HARM Alcock v Chief Constable of the South Yorkshire Police Mustapha v Culligan of Canada Ltd WRONGFUL LIFE AND WRONGFUL BIRTH MacKay v Essex Area Health Authority Kealey v Berezowski Lecture Notes

XXIII.

8 April

PRESENTATIONS

13 April

PRESENTATIONS

WEEK 13 XXIV.

The Schedule and/or the Course Outline is subject to change based on the appropriate determinations made by the Department of Law. The Instructor also reserves the right to add supplementary readings and make changes to the Schedule when necessary.

© Sakif Alam

9...