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Tort Law (GED75051)

General information

Type:

 OP

Curs:

 4

Period:

 S semester

ECTS Credits:

 5 ECTS

Teaching Staff:

Group Teacher Department Language
Alex Ferreres Comella Derecho ENG

Previous Knowledge

Contract Law

Workload distribution

Workload distribution:
- Classroom-based activities: 40% of total credits
- Guided activities: 30% of the credits
- Independent study: 30% of the credits

COURSE CONTRIBUTION TO PROGRAM

This course contributes to the internationalisation of the GED curriculum due to it being, on the one hand, a subject taught in a foreign language (English), while, on the other, because it helps the student develop a broader and less local vision of law. The course focuses on the central issues of tort law from a comparative legal perspective.

Course Learning Objectives

The main aim of the course is to provide students with knowledge on the key issues of Tort Law, which should enable them to be able to identify the main problems involved in claiming or defending a tort law case.

Competences

5. Ability for continuous learning Ability to learn continually
15. Social networks

CONTENT

1. Introduction and scope

1. Concept and evolution. 2. Objectives of Tort Law. 3. Distinction between contract and tort; criminal wrongdoing and negligence. 4. Negligence and strict liability. 5. Alternative methods of compensation for personal injury.

2. Main European approaches to tort law and the need for standardisation

1. The French and Spanish systems. 2. The German system. 3. Common Law countries. 4. The standardisation of private law in Europe. 5. The European principles of tort law.

3. Liability based on negligence

1. Acts and omissions. 2. Defences: self-defence, necessity, voluntary assumption of risk. 3. Negligence: breach of duty of care, standard of care. 4. Burden of proof. 5. Trend towards strict liability. 6. Economic analysis of tort law: the cost of prevention.

4. Causation

1. Causation "in fact"and the "but for" test. 2. Legal causation. 3. Foreseeability. 4. Multiple causes. 5. Causal indeterminacy. 6. Intervening events: force majeur, and acts of third parties. 7. Contributory negligence.

5. Damages

1. The principle of full compensation. 2. Pecuniary loss: costs incurred and loss of earnings. Pure economic loss. 3. Non pecuniary loss: pain and suffering, loss of amenities, the injury itself. 4. Lump sum and periodical payments. 5. Remoteness of damage. 6. Collateral benefits. 7. Duty to mitigate.

6. Vicarious liability

1. Justifications for vicarious liability. 2. Liability for minors or mentally disabled persons. 3. Employer's liability: Employee and independent contractor. Course of employment. 4. Liability for harm caused in schools. 5. Right to recover.

7. Claiming damages

1. Procedural issues. 2. Waivers of liability. 3. Limitation periods. 4. Other remedies: injunctions. 4. Insurance.

8. Professional negligence

1. Professional negligence. 2. Medical liability. 3. Legal profession. 4. Architects and other agents in construction.

9. Public authorities

1. Concept and justification. 2. Defences. 3. Public health service. 4. Judicial error. False imprisonment. 5. Police and other emergency services. 6. Highway authorities.

10. Product liability

1. Concept of defective products. 2. Who can be liable? Who can claim? 3. Negligence or strict liability? 4. Defences. "Development risk" defence. 5. Recoverable damage and time limits.

11. Road accidents

1. Definitions. 2. Who can be liable? Who can claim? 3. Negligence or strict liability? 4. Tariffication of bodily injuries.

12. Other torts

1. Defamation and privacy. 2. Liability for animals. 3. Damages caused by falling things. 4. Nuissance.

Relation between Activities and Contents

1 2 3 4 5 6 7 8 9 10 11 12
Written exam                        
Solving hypothetical cases                        
Submission of written assignments                        

Methodology

The course will combine lectures with seminars during which key issues will be debated.
The student will also be set hypothetical scenarios that will be discussed in class.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Written exam 60
Solving hypothetical cases 20
Submission of written assignments 20

Assessment criteria

Written exam: The exam will count for 60% of the final grade. Students must pass this exam in order to pass the course.

The other 40% will be obtained through the work undertaken by the student during the course: class participation, discussion of case studies and submission of written assignments.
Additionally, students may present a paper on any given Tort Law topic (with a comparative perspective) in order to try to obtain a better grade. This paper could add up to 2 additional points to their final grade.

Any student that does NOT:
1. Pass the EVALUATION (exams/other) the first time due to absenteeism, will not be given a second opportunity to be evaluated and will, therefore, be obliged to repeat the entire course.
2. Meet the required level of competences, can still move on to the following year provided they have passed the evaluation but MAY NOT PRESENT the final degree project until the said competences have been acquired and demonstrated.

Bibliography

Short bibliography:
It will be provided at the beginning of the course. See the course's Moodle page.


Complementary bibliography or study material:
See the course's Moodle page. Additional material will be recommended at the beginning of the course.

Timetable and sections

Group Teacher Department
Alex Ferreres Comella Derecho

Horari

From 2015/9/14 to 2015/11/30:
Each Monday from 8:00 to 10:00. (Except: 2015/10/12)

Monday 2015/12/14 from 16:00 to 19:00.

Thursday 2016/6/30 from 10:00 to 13:00.