LW651 Module Guide PDF

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LW651 Module Guide...

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THE LAW OF TORT LW651/LAWS6510 2020-21 MODULE GUIDE

This Module Guide contains all the information you need to help you succeed in this module. It is essential that you familiarise yourself with its content at the start of the course. This guide should be used in conjunction with the guidance on the Law Student Guide. Module Convenor:

Mr Per Laleng [email protected]

Number of credits:

15

Anticipated Teaching content delivery:

2 lectures or equivalent per week 1 Module Hour per week (large group) Mini-Tasks 1 Seminar (small group) per week

Expected student study hours for the module including taught and private study:

120 hours

Table of Contents

Table of Contents

2

Introduction

3

Administration

3

Introductory remarks about this Module

4

Teaching Staf

5

Learning Outcomes

5

Intended subject specific learning outcomes

5

Intended generic learning outcomes

5

Personal Development

6

Reading

6

Teaching Arrangements

6

Pre-recorded material

6

Large and small group sessions

6

Teaching Schedule

7

Assessment Methods and Schedule

7

Coursework Assessment

7

Examination

8

Collecting your feedback

8

Undergraduate Assessment Guide

8

Additional help with your work

8

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Introduction Administration This Module Guide is your first port of call for questions about the Module. Look for the answer to your question here before contacting the Teaching Team. Please note: there may be diferences between the Module Specification in the Student Handbook and the contents of this Module Guide. In the case of an apparent conflict, you should follow the guidance contained in this Outline. If in doubt, or if you have any queries about this module not answered here, please contact your Seminar Leader first. All teaching staf schedule student virtual office hours when they are available to see students: please see the separate note on Law of Tort Moodle page, the KLS web pages or information in the main KLS office foyer for details of the email addresses, phone numbers and office locations of your Seminar Leaders. If you have a question not addressed by the above, contact the Module Convenor. Generally speaking, if your question for the Module Convenor is not of a personal nature, please post it to the Module Forum for this Module on Moodle. This saves the Convenor from having to answer the same question several times and helps build a Frequently Asked Questions resource for the whole class. Thank you! At the start of this Module, you have all been subscribed to the Module Forum. This means that you will receive emails to your @kent.ac.uk account whenever anything is posted by anyone on that forum. You can unsubscribe from this forum at any time. You will still be able to check contents of the forum if you unsubscribe, but you will need to do this by manually checking the forum via Moodle. The read-tracking is set to optional. This means you can change whether the Module Forum highlights unread messages or not. You can change this in the Settings within Moodle. If there are any announcements related to this Module, the Module Convenor will post them on the Announcements forum on Moodle. You cannot post messages to the Announcements forum. If you have any questions or points to make about any announcement, please post your question on the Module Forum. You have all been forcibly subscribed to the Announcements forum. That means you cannot unsubscribe yourself. This is to ensure that you receive important messages about this Module to your @kent.ac.uk email address. If you find that you are not receiving any email messages, first check whether any messages have in fact been posted on the forums but which you have not received by email, and then please let the Module Convenor know as soon as possible. Additional documentation for the Module may be posted on the LW651/LAWS6510 Moodle page and/or in the Readinglists@kent throughout the year. If so, the Module Convenor will let you know via the Announcements forum.

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Introductory remarks about this Module This module builds on your learning from other private law modules such as Introduction to Obligations, Foundations of Property and the Law of Contract. A specific aim of this module is to develop your interest and proficiency in the use of case law based legal arguments as a way of solving legal problems and/or determining liability. The module therefore continues the practice of using case classes to discuss a limited number of modern cases in depth. This in-depth focus on modern decided cases will enable you to 

become increasingly familiar with the idea that cases can be read in diferent ways;



observe and analyse the idiosyncrasies of legal language and argument within judgments;



improve crafting your own legal arguments in this module and beyond;



identify some of the contested boundaries of modern tort law.

Whilst case law continues to be central to tortious liability, the module will also consider the role played by statutes in tortious liability. Examples include the liability of 

occupiers of land towards persons harmed on their land,



manufacturers towards consumers; and



publishers towards the potentially defamed.

The module considers these and other topics after having explored tort law’s most important tort in detail. Tort law’s most important tort is the Tort of Negligence. Much of the module is devoted to a detailed exploration of the elements of and legal concepts related to that tort. The assessed coursework will be an extended problem question relating to the Tort of Negligence where you will be required to use your learning to formulate a variety of legal arguments and to predict the likely outcome in a complex legal scenario. Towards the end of the module, the law of tort(s) is placed in its contemporary context of the so-called Compensation Culture. It considers whether the relationship between tort law and its context can explain its shape or contemporary debates about it. By reflecting back on the doctrine studied earlier in the module and observing where the lines of liability are currently drawn, you will be asked to think about what this reveals about private rights and obligations, the balance between responsibility for harm and freedom of action, access to justice and diferent conceptions thereof. These broader topics, with consequences for law reform, will be explored in the later seminars and in exam essay questions.

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Teaching Staf Please see the Module Moodle page for a list of teachers with their contact email and contact hours.

Learning Outcomes Intended subject specific learning outcomes On successfully completing the module you will be able to: 1. Build on Introduction to Obligations and Foundations of Property by developing deeper understanding of the nature of private law and its major sub-divisions. 2. Demonstrate a clear understanding of the diferent types of legal obligation arising particularly from the law of tort and of the principles and rules governing the main types of tortious obligation. 3. Use the knowledge of the law and its context to engage with broader questions of policy, regulation and change. 4. Demonstrate well-developed case reading skills. This will include the ability to understand and critique the legal and policy arguments which may drive the outcome of a case. 5. Use cases, including judicial quotations, to support or negate an argument. 6. Demonstrate a clear understanding of the role of precedent and analogical reasoning in legal decision-making while being alive to the possibility and influence of judicial creativity. 7. Conduct research into complex legal issues involving tort law and to use primary, secondary and/or extra-legal sources in the construction of legal arguments while recognising areas of uncertainty or contention.

Intended generic learning outcomes On successfully completing the module you will be able to: 1. Use a range of materials and approaches to evaluate legal solutions to tortious disputes. 2. Use library and web resources, including journal articles and policy documents, to conduct research on legally complex areas. 3. Properly present material with correct citation and use of references where appropriate 4. Show an understanding of the diferences in use and value of primary and secondary legal sources. 5. Distinguish evidence-based claims from unfounded assertions and use evidence to support your own claims and arguments

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Personal Development By the end of this module you will have developed:  

The ability to identify, critique and construct legal and non-legal arguments. A capacity for self-reflection, to be reasonable and to make transformative changes in your thinking and behaviour.

Reading The Reading List for this Module can be accessed via the reading list site: https://kent.rl.talis.com/index.html - search using the Module code LW651. Recommended for purchase: Kirsty Horsey & Erika Rackley Tort Law 6th Edition (Oxford: OUP, 2019). *Note: The library will have some copies of this book, but it is useful to have your own copy so that you can write in the book. There are older versions of this book. If you use an older version, you will need to update its contents manually with cases and other material which has been published since the date of the version you have.

Teaching Arrangements This module runs in the Spring Term. Both large and small group teaching sessions in this Module start in Week 13 which means you must do some preparation in Week C4. The general format is as follows:

Pre-recorded material Each week, there will be a series of short pre-recorded videos relating to that week’s theme or topic. You can access these in the Moodle page for this Module. You must watch or listen to these recordings in advance of any scheduled weekly meetings. The combined maximum pre-recorded time will be approximately 100 minutes per week. Occasionally, you might find there are some additional recordings which you can choose to take in too. The required and optional recordings will be clearly marked in Moodle.

Large and small group sessions There will be one voluntary large group session (‘Module Hour’/’Drop-in’) and one compulsory small group session (‘Seminar’) per week. These sessions will be interspersed with Mini-tasks available on Moodle.

Module Hour/Drop-in session The main purpose of the large group session is to give you an opportunity to ask questions or discuss issues arising from the pre-recorded material. The large group session may involve 6

all students enrolled in this Module and will take place virtually on Wednesdays in Spring Term between 9.05 am and 9.55 am. This may be ‘live’ through Zoom conducted ‘live’ through the Moodle module online forum (details TBA via the Announcements Forums on Moodle). Whilst this session is voluntary, you will probably find it of benefit to “attend” it.

Mini-tasks Mini-tasks assist you to understand the pre-recorded material. The tasks will provide a link between that material and the small group sessions. The mini-task activities will be set after each week’s topic (not necessarily every week). The mini-task will be asked of you in addition to the reading and notes that are traditionally set as seminar / small group preparation. In traditional lectures, students can stay behind to ask questions of the lecturer or to ask for terminology to be explained etc. With pre-recorded lectures this is not possible. The mini-task has been introduced to help you to embed your own knowledge and understanding. There will also be the opportunity to ask questions during the weekly Module Hour.

Seminars The issues raised by the lecture recordings and your readings will be discussed in weekly seminars. Seminars will be timetabled and delivered live either face to face or online. On campus seminars will not start before Week 19. The preparation for these small group sessions is contained in the learning sheets posted in advance on Moodle. You are expected to attend all small group sessions fully prepared to participate. General advice about online learning from the University can be found here.

Teaching Schedule The breakdown of lectures and seminars in this module is posted on Moodle in a separate document.

Assessment Methods and Schedule The assessment of the Law of Tort is by 40% coursework and 60% examination. The details and timing of these are as follows:

Coursework Assessment A legal problem question approximately 2,000 words in length on the Law of Tort. This assessment must be submitted electronically via Turnitin by 2pm, Tuesday April 6th 2021 (week 24). This is worth 40% of the final mark for the module. The detailed requirements will be set out in separate documents that will be posted on the Module Moodle page. The assessment is designed to give you an important opportunity to attempt a complex problem question and to receive feedback in advance of the final exam. This assessment is 7

therefore formative of part of your exam (there will be an optional problem question in the exam). Students may have the opportunity to substitute an assessed moot for part of their coursework mark. This option must be discussed and agreed with the Module Convenor in advance. Students will need to apply to moot in the normal way using the application form on LW638. This application is usually made in the Autumn Term. You should familiarize yourself with the law coursework submission guidance available on the Law Student Guide.

Examination Students will complete a two-hour examination containing between four and six questions. Students will be required to answer two questions. No type of question is compulsory. There will be no case list. More details will be provided as the course progresses. Previous years’ examination papers are available online via Moodle. Guidance can be found on the library website: https:// www.kent.ac.uk/library/online/exams/index.html

Collecting your feedback You will receive written feedback on your coursework. Make sure you take on board that feedback. Feedback will be given via Grademark/Turnitin for Assessment 1. We encourage you to discuss your feedback with your Seminar Leader. Feedback and mark return deadlines will be available via the SDS.

Undergraduate Assessment Guide The Undergraduate Assessment Guide is a handy guide to the KLS UG Assessment process including e.g. marking criteria, expected citation style, academic good practice and the word count policy

Additional help with your work Kent Law School ofers a Skills Hub as a physical and online space for Law students designed to support you with your studies. For information please visit the Skills Hub Moodle Page. You are welcome to discuss your understanding of the module content with Seminar Leaders during their contact/office hours. However, seminar leaders will not read/correct any draft work or plans. The Student Learning Advisory Service also ofers workshops, online study guides, and one-toone appointments to help with study skills, including essay writing and referencing: http://www.kent.ac.uk/uelt/about/slas.html

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