Undergraduate Course: Delict (LAWS08135)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 8 (Year 2 Undergraduate)
||Availability||Available to all students
|Summary||The course aims to impart
(a) a knowledge and understanding of the fundamental principles of delictual liability;
(b) an appreciation of the application of these fundamental principles in relation to the law of negligence, injuries to specific interests, and statutory liability, as well as applicable defences;
(c) an understanding of the location of delictual liability within the legal system in general;
(d) an appreciation of the historical evolution of delict, and an insight into possibilities for its future development;
(e) an ability to apply the intellectual skills developed in earlier study in the Law School in the acquisition of knowledge and in the use and interpretation of primary sources, including case law and statute;
(f) an ability to use problem-solving and diagnostic techniques in the application of legal principles to concrete facts;
(g) greater library and IT skills in relation to the acquisition of legal knowledge; and
(h) deepened skills previously learned in earlier study in the Law School and elsewhere, including communication skills; research skills and general skills relating to the organisation of work and time.
Entry Requirements (not applicable to Visiting Students)
|| Students MUST have passed:
Scottish Legal System (LAWS08128)
||Other requirements|| None
Information for Visiting Students
|Pre-requisites||This course is only open to visiting students coming through a direct exchange with the School of Law (this includes Erasmus students on a Law Exchange).
|High Demand Course?
Course Delivery Information
|Academic year 2017/18, Available to all students (SV1)
|Learning and Teaching activities (Further Info)
Lecture Hours 22,
Seminar/Tutorial Hours 5,
Summative Assessment Hours 2,
Programme Level Learning and Teaching Hours 2,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||Degree examination - 100% of final mark
||Hours & Minutes
|Main Exam Diet S2 (April/May)||2:00|
|Resit Exam Diet (August)||2:00|
| By the end of the course, students should be able to demonstrate a full knowledge and understanding of the following topics in the law of delict:
o the law of negligence including duty of care; standard of care; causation; remoteness; public authority liability; nervous shock; economic loss;
o liability arising under statute, including the Occupiers¿ Liability (Scotland) Act 1960, and the Consumer Protection Ac t 1987; Protection from Harassment Act 1997;
o injuries to specific interests including assault; interference with liberty; defamation; breach of confidence; privacy; nuisance;
o the impact of human rights considerations on the development of delictual liability, with specific reference to articles 2, 3, 5, 8 and 10 of the European Convention on Human Rights;
o joint fault, vicarious liability and non-delegable duties;
o defences including contributory negligence; volenti non fit injuria; illegality; prescription;
o quantification of damages and loss of a chance.
|Graduate Attributes and Skills
||By the end of the course, students should be able to:
¿ recognise, analyse and rank arguments and evidence in terms of relevance
and importance by:
o managing volume of legal sources and select key material to construct written or oral answers to a problem.
o identifying the legal problem from information provided.
o addressing problems by reference to relevant material.
o bringing together and integrating information and materials from a variety of different sources.
o acknowledging ranking of sources and relative impact in context.
o application of the law and problem-solving in a legal context.
o presenting arguments for and against propositions.
¿ be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments
¿ apply knowledge and analysis
o in a legal context
o creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law.
¿ think critically and make critical judgments on the relative and absolute merits of particular arguments and solutions
¿ act independently in planning and undertaking tasks in areas of law which he or she has already studied
¿ reflect on his or her own learning, and to seek and make use of feedback
|Course organiser||Prof Elspeth Reid
Tel: (0131 6)50 2002
|Course secretary||Mrs Susan Leask
Tel: (0131 6)50 2344