Module Code - Title:
LA6072
-
INTERNATIONAL TORT LAW AND BUSINESS
Year Last Offered:
2024/5
Hours Per Week:
Grading Type:
N
Prerequisite Modules:
Rationale and Purpose of the Module:
The aim of this module is to provide students with a comprehensive understanding of the role of tort law in various jurisdictions, effecting the legal environment in which international business takes place.
Syllabus:
This course will provide an advanced analysis of tort theory and practice in multiple jurisdictions, focused on the relationship between tort and business. It will include both common law and civil law jurisdictions (including USA, UK, EU, Canada, Australia, Ireland, Germany and France).
General theories of liability will be explored; Rights Theory, Corrective Justice, Civil Recourse, Distributive Justice and Economic Analysis.
Specific causes of action and general conditions of liability, generating potential liability for businesses or protecting business interests, will be examined. Areas considered will be: Product Liability, Liability for Pure Economic Loss, Employers' Liability, Liability for Hazardous Activities, and Commercial Personality Rights (reputation, goodwill and confidentiality).
The relationship between tort law and the tort process will be considered; Insurance, Proof, Extra-Judicial Processes (Boards and Tribunals) and Mass Tort Claims.
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
On completion of this module a student will be able to:
Identify the effects of tort law in international business.
Explain the legal basis of liability in different jurisdictions.
Critically analyse the impact of tort law and tort processes on international business.
Critique the intersection between the theory and practice of tort law in respect of international business.
Discuss the role of tort law and tort processes in both regulating and protecting business.
Relate the significance of tort law to the overall legal regulation of international commercial law.
Affective (Attitudes and Values)
On completion of this module a student will:
Understand the role of tort law and tort processes in international business activities.
Understand how the tort liability impacts upon both those trading internationally and those who deal with them.
Appreciate the need for clarity and transparency in tort law in a commercial setting.
Psychomotor (Physical Skills)
N/A
How the Module will be Taught and what will be the Learning Experiences of the Students:
The module is taught through a series of weekly seminars. Student will be assigned some reading material, and will be expected to conduct independent research, prior to each seminar, where they will be required to discuss the relevant issues.
The University of Limerick Graduate Attributes will be developed by:
Broadening students' knowledge and proactivity through encouraging independent and directed research
Emphasising students' responsibility to organise their time in an efficient manner and to work to specific deadlines
Enhancing students' creativity in how they approach independent research.
Promoting collaborative research by the students and requiring students to articulate their research findings in a group setting.
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
H Carty (2010)
An Analysis of the Economic Torts 2nd ed
, OUP
P Cane (2013)
Accidents, Compensation and the Law, 8th ed
, OUP
Other Relevant Texts:
J Oberdiek (ed) (2014)
Philosophical Foundations of the Law of Torts
, OUP
J Arlen (2014)
Research Handbook on the Economics of Torts
, Edward Elgar
SGA Pitel, JW Neyers, and E Chamberlain (eds) (2013)
Tort Law: Challenging Orthodoxy
, Hart
R Merkin & J Steele (2013)
Insurance and the Law of Obligations
, OUP
E Weinrib (2012)
The Idea of Private Law, Revised
, OUP
E Weinrib (2012)
Corrective Justice
, OUP
S Douglas (2011)
Liability for Wrongful Interferences with Chattels
, Hart
P Giliker (2010)
Vicarious Liability in Tort: A Comparative Perspective
, CUP
D Brodie (2010)
Enterprise Liability and the Common Law
, CUP
S Green & J Randall (2009)
The Tort of Conversion
, Hart
VV Palmer & M Bussani (2008)
Pure Economic Loss: New Horizons in Comparative Law
, Routledge-Cavendish
JW Neyers, E Chamberlain and SGA Pitel (eds) (2007)
Emerging Issues in Tort Law
, Hart
R Stevens (2007)
Torts and Rights
, OUP
AO Sykes (2007)
Economics of Tort Law
, Edward Elgar
P Cane (1996)
Tort Law and Economic Interests, 2nd ed
, Clarendon Press
WM Landes & RA Posner (1987)
The Economic Structure of Tort Law
, Harvard UP
Programme(s) in which this Module is Offered:
MLICLATFA - INTERNATIONAL COMMERCIAL LAW
MLICLATPA - INTERNATIONAL COMMERCIAL LAW
MLLAGETFA - (GENERAL)
MLLAGETPA - (GENERAL) P/T
Semester(s) Module is Offered:
Spring
Module Leader:
Eoin.Quill@ul.ie