UNIVERSITY OF TECHNOLOGY, JAMAICA
THE FACULTY OF LAW
SYLLABUS
PROGRAMME:
Bachelor of Laws
STAGE/YEAR:
Year 1 Semester 2
COURSE TITLE:
Law of Tort I
MODULE CODE:
LLB 1008
DURATION
45 Hours
CREDIT VALUE:
3 Credits
PRE-REQUISITES:
1.0
MODULE DESCRIPTION
The law of tort is concerned with civil liability for the wrongs done by one party
to another where the aggrieved party does not rely on contractual obligations for
redress. The characteristics claim in tort is for damages or monetary
compensation. Students should be able to outline the compensations for the
various types of losses for which the claimant will seek redress and the defenses
available to the defendant. Students should be able to provide an analysis of the
legal concepts on which the courts will rely.
2.0
MODULE OBJECTIVES
Students should:
1.
Articulate the general principles that underpin the law of tort.
2.
Appreciate the distinctions between the law of tort and law of contract and
criminal law
3.
Develop an appreciation for the rule of law governing property ownership and
occupation.
4.
Demonstrate the ability to apply their knowledge of the law of tort to the facts
of actual or hypothetical problems to provide a reasoned conclusion.
5.
Demonstrate the ability to discuss orally legal matters using technical and
complex language.
3.0
CONTENT AND CONTEXT
UNIT 1
3 Hours
Overview of the Law of Tort
CONTENT
Tort and contract, tort and criminal law
Relationship between parties, joint and severally liable
Objectives of tort
Insurance and tort
Strict liability
Protection of personal safety, property and reputation
Defenses to action in tort: General defenses including non fit injuria, self
defense, necessity and act of God; Particular defenses: Qualified privilege
UNIT 2
3 Hours
Introduction to the Tort of Negligence
CONTENT
Donoghue v Stevenson: Content, policy arguments, obiter dicta
Establishing liability for negligence: Duty of care, Breach of duty, causation
and remoteness of damage
Modern Test for duty of care (three-stage test): Donoghue v Stevenson and
Caparo Industries plc v Dickman
Factors influencing policy
Latent policy decision: King v Phillips, Explicit policy decision: Headley
Bryne v Heller, Home Office v Dorset Yacht Club
UNIT 3
3 Hours
Negligence: Duty of Care Economic Loss
CONTENT
Historical development of duty of care: Headley Byrnev Heller Careless
statements causing economic loss
Reliance on a statement by a third party that caused loss: Caparo case
Advice as opposed to information
Contract and tort and the Misrepresentation Act
Economic loss, Negligent acts, pure economic loss and other types of
economic loss
Expansion and contraction of liability for economic loss
UNIT 4
6 Hours
Breach of Duty Care: Standard of Care
CONTENT
Reasonable man test; Reasonable assessment of risk, Unforeseeable risk
cannot be anticipated, the utility of conduct, the expense of taking precautions,
lack of special skills, contributory negligence and the standard of care,
children and young people, the sick and the disabled, carers and organisers,
drivers and road users, experts, professionals and people with special skills,
acceptable professional standards in medical practice, failure to warn trainees,
professional negligence
Criticisms of Bolan principle, challenges to the Bolan principle: the Bolitho
test
Res ipsa loquitur
UNIT 5
6 Hours
Occupiers Liability
CONTENT
Definitions of occupier, premises, and duty of care to lawful visitors
Discharge of duty of care by occupier
Warning signs and exclusion clauses to escape liability
Occupiers liability for persons other than visitors: Persons exercising a
statutory right of way, persons exercising a private right way, trespassers, both
children and adults
Defenses available to the occupier: Volenti (consent) and contributory
negligence
Liability of people other than occupiers for dangerous premises: Independent
contractors, landlords, builders
UNIT 6
3 Hours
Torts Relating to Land: Trespass
CONTENT
Definition of the tort of trespass
Elements defining trespass to land: direct interference, entering upon land,
trespass to the airspace, trespass to the ground beneath the surface, trespass by
entry into the land itself. Trespass by remaining on land, trespass by placing
things on land, trespass to the highway.
Justification of trespass: Statutory right of entry, common law rights of way,
necessity, licence or consent of the claimant, reasonable defense of the people
or of the property itself, adverse possession.
Remedies for trespass: damages injunctions, action for recovery of land, reentry and defense of property, action for mesne profit, distress damage feasant
UNIT 7
6 Hours
Torts relating to Land: Nuisance
CONTENT
Classification of nuisance: Statutory nuisance, Public nuisance, Highway
nuisance, Private nuisance
Public nuisance: materiality, reasonable comfort and convenience, sufficiently
large section of community to constitute a class is affected
Highway nuisance: Unreasonable use and obstruction of the highway, Treats
to the highway from adjoining premises
Remedies for public nuisance: Damages, Injunctions
Distinction between public and private nuisance
Private nuisance: Continuous interference, unlawful interference, indirect
interference, interference with the use or enjoyment of land or some right over
or in connection with it.
Who can sue or be sued for nuisance
Defense to private nuisance: Prescriptive right to commit the nuisance,
statutory authority; Remedies for private nuisance: damages, injunction,
abatement of the nuisance, anti-social behaviour orders
The rule in Rylands v Fletcher and the defenses to the rule
4.0
5.0
6.0
INSTRUCTIONAL OR LEARNING APPROACHES
1.
Lecture/Discussion
2.
Tutorials
3.
Class presentation/Debates
4.
Projects
ASSESSMENT PROCEDURES
Class test
30%
Group project
10%
Class Presentations
10%
Final Exam
50%
Total
100%
BREAKDOWN OF HOURS
Lecture
13 Hours
5
Tutorial
26 Hours
Assessment
Total
7.0
6 Hours
45 Hours
Required text and references
1. Hepple, Howarth & Matthews; Tort: Cases and Materials; Butterworths
2. Kodilinye, Gilbert; Commonwealth Caribbean Tort Law; Cavendish Publishing
Limited; Latest Edition.
Recommended reading:
1. WVH Rogers; Winfield & Jolowicz on Tort; Sweet & Maxwell
2. Vera Bermingham: Tort, Sweet & Maxwell, Nutshell, Latest Edition.
3. Paula Giliker & Silas Beckwith; Tort- Textbook Series; Sweet & Maxwell;
2nd Edition.
