Postgraduate Course: Delict and Tort (LAWS11229)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Available to all students
|Summary||This is an advanced level course on the law of delict. It will examine the treatment of key areas of liability in Scots and English law. The approach adopted will be comparative and reference will be made throughout to other Anglo-American and European legal systems. Fundamental conceptual structures will be compared, as well as specific problems, with a view to illuminating not only differences but also the common features of those systems. Particular attention will be given to the impact of Human Rights law on the law of delict and current debates on the extent of the constitutionalisation of private law. Recent initiatives to establish a common European law of torts will also be discussed.
The course is designed mainly for those students who have already studied the law of obligations in their own system. Those who have not may still apply for a place in the course, but they should be aware that additional study may be required.
Students require an undergraduate degree in law to study this course.
This course is particularly suitable for students who have already studied delict/tort in reasonable depth at undergraduate level and who wish to pursue their interest further in comparative perspective.
The aim of the course is to familiarise students with the advanced analysis of the law of delict/tort and to encourage them to assess national solutions of delictual problems in comparative perspective. Students will be encouraged in seminars to discuss problem areas in delictual liability and to suggest and evaluate the theories by which they may be resolved. They will not only develop oral skills in class discussion, but they will also be assisted in refining legal writing skills, in the form of essay-based assessments.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| You must have prior study of delict or tort
Information for Visiting Students
|High Demand Course?
Course Delivery Information
|Academic year 2022/23, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Lecture Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||* An essay or other written assessment of 2,500 words submitted halfway through the course (30%)
* An essay of 5,000 words submitted after the end of the course (70%).
||Students will be offered the opportunity of writing a practice essay (maximum 2,500 words) during the reading week, to be submitted by the first meeting of the class thereafter.
The topics proposed will reflect the work of the class up till this point and will follow the same format as that of the summative essays. The essays will be marked and returned with feedback within a fortnight of submission.
|No Exam Information
On completion of this course, the student will be able to:
- A critical knowledge and understanding of the law of delict;
- An appreciation of the comparative approach to legal study;
- An ability to comment critically and engage in debate on the issues examined;
- Problem-solving skills in formulating solutions to the problems considered.
|A list of general background reading will be provided in the course guide. |
In particular it may be helpful to look at G Wagner, 'Comparative Tort Law', in M Reimann and R Zimmermann (eds), The Oxford Handbook of Comparative Law (2006) 1003-1042 (available in the Oxford Handbooks Online database).
|Graduate Attributes and Skills
||See learning outcomes.
|Course organiser||Dr John MacLeod
|Course secretary||Miss Bethan Walters
Tel: (0131 6)50 2386