This is Tort Law for BA Ord (TU112) Students. The module deals with the law of torts in Ireland. The law of torts is concerned with civil wrongs which do not come within the sphere of contract or equity. More broadly the law of torts is concerned with the resolution of conflicts in society between the interests of different people, with reference to the legally protected interests held by people and the resultant duties incumbent on others to respect those interests.
The aim of this module is to equip students with a knowledge and understanding of principles and rules of Irish tort law, to allow them to understand how those principles apply in a practical context and to provide a comprehensive foundation for the study of other legal modules taught on this programme where knowledge of tort law is necessary or desirable.
This module comprises 10 ECTS credits. Students will be expected to attend lectures for one and a half hours per week in each module together with tutorials lasting one hour per module approximately once every fortnight.
| Syllabus: Negligence -Historical Evolution -Historical Development in England & Wales -Historical Development Ireland -Current Position in England & Wales and Ireland -Commonwealth Perspectives (Canada, Australia and New Zealand) -Policy Considerations and the Imposition of the Duty of Care Negligent Misstatements Negligent Infliction of Psychiatric Damage (“ Nervous Shock”) Pure Economic Loss Liability of Public Authorities and Breach of Statutory Duty Occupier’s Liability Liability of Vendors, Lessors and Builders for Quality Defects and Fitness of Premises Professional and Medical Negligence Product Liability Employer’s Liability Affirmative Duties / Liability for Negligent Omissions. Vicarious Liability The Standard of Care Causation and Remoteness of Damage Joint and Several Tortfeasors The Doctrine of Res Ipsa Loquitur Nuisance, Private and Public Trespass to Land The Rule in Rylands v Fletcher Liability for Unintended Fire Damage Liability for Animals Fatal Injuries Limitation Periods Defences Civil Liability Act,1961 Contributory Negligence Volenti non fit injuria Illegality Defamation and Defences to Defamation Abuse of Process Trespass to the Person -False Imprisonment -Assault -Battery - Infliction of emotional suffering
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Negligence
Historical EvolutionHistorical Development in England & WalesHistorical Development IrelandCurrent Position in England & Wales and IrelandCommonwealth Perspectives (Canada, Australia and New Zealand) Policy Considerations and the Imposition of the Duty of Care
Categories of loss
Negligent MisstatementsNegligent Infliction of Psychiatric Damage (“ Nervous Shock”)Pure Economic LossEmployer’s LiabilityAffirmative Duties / Liability for Negligent Omissions.Vicarious LiabilityLiability of Public Authorities and Breach of Statutory DutyOccupier’s LiabilityLiability of Vendors, Lessors and Builders for Quality Defects and Fitness of PremisesProfessional and Medical NegligenceProduct LiabilityEmployer’s Liability
Standard of Care
Causation and Remoteness of DamageJoint and Several TortfeasorsThe Doctrine of Res Ipsa Loquitur
Other Torts
Nuisance, Private and PublicTrespass to LandThe Rule in Rylands v FletcherLiability for Unintended Fire DamageLiability for AnimalsDefamation and Defences to DefamationAbuse of ProcessTrespass to the PersonFalse ImprisonmentAssault Battery
Miscellaneous
Limitation PeriodsDefencesCivil Liability Act,1961Contributory NegligenceVolenti non fit injuriaIllegality
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Interactive lectures Self-directed learning Group study and group discussion Presentations Guest lecturers
Assessment will consist of a combination of end of session examinations (with both seen and unseen questions) and continuous assessment (including essays and problem-solving exercises). The continuous assessment will count towards 30% of the final mark for this module, with the exam making up the remaining 70% of marks. Assessment will be made on the basis of students’ demonstrated ability to analyse and comment upon the important principles of and developments in the Law of Torts. In particular, assessment will be conducted by reference to the following criteria:
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| Module Content & Assessment | |
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| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |