KDEC 5060 - Introduction to tort Law

P. PETERSON : This introductory course on tort law will focus upon English law, but where time permits reference will be made to developments in tort law in other jurisdictions and to the Principles of European Tort Law. The course will cover the basic notions of tort law, with an emphasis on the law of negligence and notions of strict liability and vicarious liability.

Topics on the law of negligence include the notion of duty of care, liability for omissions, acts of third parties, psychiatric harm, economic loss and acts of public authorities. We will also examine the standard of care, issues of cause in fact and remoteness of damages, as well as defences. Consideration will be given to the influence of public policy on the tort of negligence and the relationship between the European Convention on Human Rights and tort law.

This course provides a sequel to the English law Introduction to Contract Law Course. One of the objectives of the course is to assist students in developing their legal analytical skills and critical thinking through the application of common law methodology.

JF. LE GAL & M. GREGOIRE : The primary purpose of the course will be to provide the students with an overview and understanding of the most important concepts of (English) Tort Law and how they are applied in practice / in “real life” cases (e.g. cases of medical negligence, etc.). The following topics will be covered:

 Introduction

 Negligence - Overview

 Negligence - Focus on Causation

 Negligence - Focus on Economic Loss

 Negligence - Focus on Psychiatric Injury

 Defences

 Remedies

In addition to its primary purpose, i.e. strengthening the students’ knowledge of Tort Law, the overall purpose/view of the course will be to empower them for their future studies and careers by strengthening:

 Their analytical skills (i.e. ability to conduct a reasoned and structured analysis of a matter, ability to adopt a problem-solving approach, etc.)

 Their presentation/communication skills (i.e. ability to speak in public and engage with an audience; ability to make an effective use of IT/technology to deliver an impactful presentation)

 Their drafting skills (i.e. ability to express their analysis/opinion in a precise, structured and concise way), and

 Their ability to "stand up" and take ownership (i.e. ability to conduct a task in an autonomous way).

To that end, as further described below, the sessions will be as interactive as possible and based on the analysis and discussion of practical case studies, and on practical exercises including “mock trials/hearings”.

P. PETERSON : The course is taught using the common law case method, involving the study of the leading precedents relating to each area of tort law covered during the course. Students are expected to give one case presentation during the term and to participate in actively in class discussions.

JF. LE GAL : There will be twelve sessions of 2 hours each.

As explained above, the sessions will be as interactive as possible and based on the analysis and discussion of practical case studies, and on practical exercises including “mock trials/hearings”.

There will be a wide range of teaching and learning strategies employed to help students develop a wide range of skills. These include:

• oral presentations
• mock trials/debates
• writing activities, including drafting skeleton arguments and/or legal advice
• independent study
• discussions in class
• reading and comprehension tasks

P. PETERSON : The exam typically consists of 3 questions to be answered in a 4-hour time period. Normally there is one essay question and two problem questions based upon fact patterns (cas pratique), requiring students to identify legal issues and apply relevant legal principles to the facts, as if providing legal advice to a client. The examination is closed book. In addition to the examination grade, a bonus of up to half a point of the final grade may be awarded to students for active class participation.

The examination is closed book.

JF. LE GAL : The Assessment will be based on (i) an Oral Presentation Grade, (ii) a Written Exam Grade, and (iii) a Participation Grade, as further detailed below:

I. Oral Presentation

Students will have to complete at least one oral presentation during the semester.

The exercise will be a group presentation, consisting of a mock trial opposing two teams of counsel/advocates acting in the context of proceedings arising out of a tort law claim, using the following breakdown:

 A 10-minute presentation performed by a team of two counsel/advocates acting for the Claimant, followed by

 A 10-minute presentation performed by another team of two counsel/advocates acting for the Defendant, followed by

 A 2-minute right of reply by the Claimant's counsel/advocates, followed by a 2-minute right of reply by the Defendant's counsel/advocates.

The presentations will be followed by questions by the lecturer and/or the class.

Students in the class will also be asked to provide their comments and thoughts on the presentations, and asked how they would have ruled had they been acting as judges in the case.

The two teams of advocates will be expected to exchange "skeleton arguments", summarising their arguments in writing, ahead of the mock trial.

II. Written Exam

Students will be asked to complete a 2 hour two-part Exam in writing at the end of the semester.

 The first part of the Exam will consist of one or several case studies. This will be based on a scenario which the lecturer will prepare: e.g. a client attending to the offices of the student (acting as lawyer/legal advisor), explaining his/her situation/issue and asking for the student’s/lawyer’s advice. The student’s task will consist of drafting his/her legal advice to the client.

 The second part of the Exam will consist of “questions de cours” (or equivalent), based on what will have been studied in class.

The Exam will be a closed book exam.

III. Participation

There will also be a Participation Grade taking into account the students’ ability to participate in class and to meet deadlines.

IV. Conclusion: Final Grade

To reach the Grand Total (i.e. the students’ Final Grade for the semester), the lecturer will proceed as follows:

 The lecturer will take into account the Oral Presentation Grade.

 The lecturer will take into account the Written Exam Grade.

 That will give a Total calculated /20 (with the Oral Presentation Grade accounting for 50% of thatTotal, and the Written Exam for the other 50%).

 The lecturer will withdraw or add up to 1 point from / on that Total to reach the Grand Total (which isthe students’ Final Grade).

P. PETERSON : This course uses both a tort law textbook and a casebook as course materials (authored by Kristy Horsey and Erica Rackly - see below). Students will receive a weekly reading assignment to be completed in advance of each class, consisting of extracts of cases and other materials from the textbook and casebook. The course requires a substantial investment in preparation time prior to each class to enable students to participate in class discussions.

JF. LE GAL : Students will be provided at the end of the first "introductory" session with (i) a bibliography, (ii) electronic folders containing all the sources (court decisions, etc.) which will be discussed in class over the course of the semester, and (iii) a Course Schedule listing the topics which will be discussed during each session. Students will be provided with a specific reading list ahead of each class/session, designating the Courts’ decisions/legal authorities that will be discussed in class/during the session. They will be expected to read the documents listed in the reading list before each class/session.