This module covers the law of delict within Scotland.
This module provides students with an overview of the law of delict.
By the end of this module the student should be able to:
1. Understand and describe the extent and limitations of delictual liability
2. Understand and describe the legal principles governing delictual claims at common law and through breach of a statutory duty
3. Apply principles of delictual liability in the context of devising solutions to problems
4. Identify and explain the legal remedies available in the context of delictual obligations
5. Identify, state and apply legal principles, and demonstrate skills of oral and written communication legal reasoning and reflection
1 The Nature of Delictual Liability in Scots Law
Historical introduction; nature and purpose of the law of delict; contrast: delict/contract, delict/crime, delict/unjust enrichment; damnum injuria datum; culpa; reparation & types of claim recovery; forms of liability: negligence, strict liability, quasi- delict; forms of injuria.
2 Delictual Liability for Unintentional Harm
Duty of care: scope of duty, restrictions, foreseeability, presumptions of liability, standard of care, breach of duty, causation, remoteness. Specific areas of unintentional harm: nervous shock, economic loss, professional liability.
3 Delicts in Relation to Property
Occupiers' liability; nuisance; interference with water; escape of dangerous things; in aemulationem vicini; moveable property
4 Delictual Liability under statute; Defamation, etc
Breach of statutory duty: criteria applied by courts, forms of liability; assault, trespass, fraud, passing off, conspiracy, wrongful interference, intimidation, breach of EU law. Consumer Protection Act 1987. Defamation: principles, defences, convicium, malicious falsehood.
5 Vicarious Liability and Employers' Liability
Vicarious Liability: employers for employees and independent contractors; principal for agent. Employers' liability at common law and under statute.
6 Extinction of Delictual Obligations
Defences; prescription and limitation.
Statement on Teaching, Learning and Assessment
The module is delivered by lectures and tutorials. Lectures are interactive and students are encouraged to participate. For tutorials, students are expected to prepare by reading from lists of directed reading for problem questions. The module includes the use of self- test quizzes and lab based learning to allow students to monitor their performance. Students will take part in professional role play through negotiation exercises, carry out literature searches and negotiations in tutorials. Students are given examples of previous cohorts course works to critique to enable then to develop their writing and critical thinking skills. The module is assessed by a negotiation exercise, and an examination. Students will be required to engage with an electronic personal development planning and portfolio system to facilitate their learning and develop as reflective learners and practitioners. Feedback will be provided in relation to the negotiation exercise during the structured feedback week.
Teaching and Learning Work Loads
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Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2019/10 , and may be subject to change for future years.