Module: LAW6001-20 Obligations to Others with Written Advice

Level: 6

Credit Value: 20

Module Tutor:  Jeffrey Wale

Module Tutor Contact Details: j.wale@bathspa.ac.uk

1. Brief description and aims of module:  

The civil law imposes several categories of obligations on natural and artificial persons, designed to regulate interactions between people and remedy ‘wrongs’.  Obligations can take several forms and two of these – contract and trusts – are considered elsewhere on the law programme.  In this module, then, you’ll cover the remaining two – so-called ‘torts’, and the law of unjust enrichment (part of the law of contract).  Both are fascinating subjects for differing reasons:  Torts because they are of a wide and varied type, and cover one of the most litigated fields, negligence; unjust enrichment because it’s comparatively modern, rather ‘unsettled’ law and the area of the common law most influenced by scholarly writings.

Complementing the substantive reading on torts and unjust enrichment (sometimes called the law of restitution), you’ll also develop your professional, transferrable skill in providing accurate, audience-appropriate written advice; a craft that’s critical for any professional role. 

In this module, you will be able to demonstrate the following graduate attributes:

• Will be employable:  Equipped with the skills necessary to flourish in the global workplace, able to work in and lead teams;

• Will be able to understand and manage complexity, diversity and change;

• Will be critical thinkers:  Able to express their ideas in written and oral form, and possessing information literacy.

2.Outline syllabus:

The module will be broadly split into two themes.  Topics covered might include:

Torts:  Causes of action (negligence*; trespass (to land; to the person; wrongful interference); liability for animals; false representations (inc. deceit); ‘economic’ torts; strict(er) liability offences (products; nuisance; statutory duties; Rylands v. Fletcher); reputation-related claims (defamation); parties; remedies; defences;

Unjust enrichment:  History; elements; defences; controversies, debates and proposals.

* - a large proportion of the module will be dedicated to the study of negligence.

3.Teaching and learning activities:

You will be taught by way of 1x 1-hour lecture and 1x 2-hour seminar each week.  Lectures will introduce and explore substantive subjects as specified above.  Seminars will include a variety of activities including class discussion, scenario analyses, role-play, written and research exercises and other formative activities.

Assessment Item 1:

• Assessment Type: CW

• Description: Written advice (2,500 words)

• % Weighting: 50%

Assessment Item 2:

• Assessment Type: Exam

• Description: Presentation

• % Weighting: 50%