To evaluate critically the role of the law of torts in society, to examine the basic elements of a tort with particular emphasis on negligence and the defences thereto.

Nature and function of torts: origin and development; alternative compensation systems; relationship of torts with constitutional law & EC law. General torts: negligence, breach of statutory duty - elements of a tort (breach of duty, damage, causation, remoteness). Particular areas of liability: nervous shock, negligent misstatement, economic loss, product liability, employers' liability, occupiers' liability, liability for defective premises, liability of administrative agencies. General defences in tort. Parties: minors, the State, diplomats, corporate and unincorporated bodies, concurrent liability, vicarious liability.

On successful completion of this module, a student will be able to: Identify the key elements of the torts of negligence and breach of statutory duty (duty, breach, causation and remoteness of damage) and the general features of responsibility, such as vicarious liability, concurrent wrongdoers, responsibility of minors and the defences of contributory negligence and waiver. Specify the requirements for establishing a duty of care at common law, the factors relevant to assessing a breach of such duty, the availability of civil action in respect of statutory duties and the tests for establishing vicarious liability, legal cause, remoteness of damage and the defences. Outline the categories of claim, such as products liability, occupiersÆ liability, professional negligence, defective buildings, negligent misstatement and the effect of certain participants in the process, such as minors, the State, corporations and associations. Differentiate the different types of harm that tort law will compensate, from those that it will not (via the duty mechanism and remoteness principles) and differentiate obligation from liability through the roles played by the various elements of a cause of action. Distinguish theories of corrective and distributive justice in the analysis of tort doctrines and distinguish primary from secondary liability. Critique the role of policy in areas such as duty of care, legal cause, vicarious liability and non-delegable duties, as well as the effectiveness of tort in addressing its aims via corrective or distributive justice and the role of liability insurance in the process.

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