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Torts ● the Course Starts by Looking at Negligence and How It Works in Practice

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Torts ● the Course Starts by Looking at Negligence and How It Works in Practice SAMPLE SYLLABUS – SUBJECT TO CHANGE LAW-UH2501L01, Tort Law NYU London Instructor Information Dr Jeremy Pilcher Lecturer in Law Director LLM QLD Programme & Deputy Director of Studies Solicitor (England & Wales) and Barrister and Solicitor (New Zealand) Course Information ● LAW-UH 2501 ● Torts ● The course starts by looking at negligence and how it works in practice. The course then goes on to examine separate torts – nuisance, occupiers’ liability, and defamation before concluding with vicarious liability and an review of the course overall. ● Tuesdays & Thursdays 10:45 a.m.-12 p.m. Course Overview and Goals The course aims to examine the effectiveness of the tort system in compensating individuals suffering personal injury, injury to reputation, psychological damage, economic loss or incursions on private property as a result of accidents, disease or intentional acts. Focusing on the tort of negligence, the course explores the social, economic and political contexts in which the rules and principles of tort are applied. Upon Completion of this Course, students will be able to: • Demonstrate understanding of the basic rules and principles relating to tort law • Demonstrate familiarity with various theories pertaining to the nature and functions of tort law • Write critically and analytically about key concepts of tort law • Display knowledge and understanding of key cases in tort law • Display knowledge and understanding of academic literature relating to tort law • Demonstrate an ability to apply the law to analyse legal problems Course Requirements SAMPLE SYLLABUS – SUBJECT TO CHANGE Page 1 SAMPLE SYLLABUS – SUBJECT TO CHANGE Class Participation • The module will be taught through lectures and are intended to provide a broad overview, or map of a subject area which will then be developed through independent study. • Students are expected to have prepared for their lectures in order to fully participate. • A significant part of a student’s learning experience occurs outside of the classroom. It is estimated that for every hour of time allocated for lectures, students will need 2-3 hours of preparation time reading and working through course material. • Students will also need to manage their time to prepare their coursework and revise for exams. • NYU Classes the virtual learning environment, any uploaded texts or additional learning materials, updates and news about the class. Grading of Assignments The grade for this course will be determined according to these assessment components: % of Assignments/ Description of Assignment Final Due Activities Grade Group presentation of a critical case End of Part Assignment 1 20 analysis One Group presentation of a critical case End of Part Assignment 2 20 analysis Two Closed book exam on topics relating to the Exam 60 course content Failure to submit or fulfill any required course component results in failure of the class Grades Letter grades for the entire course will be assigned as follows: Letter Percent Description Grade An excellent answer in all or nearly all areas; in areas where excellence is not achieved, a high degree of competence must be shown. A Example: 93.5% and higher Displays exceptional knowledge of the subject, clear well - organised argument and substantial evidence of independent thought. A very good answer. Very competent in all or B Example: 82.5% - 87.49% most areas, or showing moderate competence in some and excellence in others. Generally SAMPLE SYLLABUS – SUBJECT TO CHANGE Page 2 SAMPLE SYLLABUS – SUBJECT TO CHANGE Letter Percent Description Grade well-planned and well argued, showing a solid ability to develop logical and persuasive arguments. Treats the issues in a critical and balanced way and shows an awareness of context, sources and different explanations. A good answer. Answer is good in all areas or strong in some and adequate in others. Shows an awareness of the major issues, shows knowledge of the sources and of alternative C Example: 72.5% - 77.49% approaches to the subject but may not show a clear understanding of alternative arguments or makes uncritical use of sources An answer that meets the minimum criteria to pass. Shows a grasp of basic relevant information and displays a superficial understanding of relevant issues, presents an D Example: 62.5% - 67.49 adequate argument and is satisfactorily organised with little or no awareness of awareness of different approaches to the subject. Inadequate answer in all or most aspects, displaying very little knowledge or F Example: 59.99% and lower understanding. Course Materials Required Textbooks & Materials ● Elliott & Quinn. 2017. Tort Law (11th ed.) Harlow: Pearson. Optional Textbooks & Materials ● Horsey & Rackley. 2017. Kinder’s Casebook on Tort (14th ed.) Oxford: Oxford University Press. ● Witting. 2015. Street on Torts (14th ed.) Oxford: Oxford University Press Resources ● Access your course materials: NYU Classes (nyu.edu/its/classes) ● Databases, journal articles, and more: Bobst Library (library.nyu.edu) SAMPLE SYLLABUS – SUBJECT TO CHANGE Page 3 SAMPLE SYLLABUS – SUBJECT TO CHANGE ● Assistance with strengthening your writing: NYU Writing Center (nyu.mywconline.com) ● Obtain 24/7 technology assistance: IT Help Desk (nyu.edu/it/servicedesk) Course Schedule Each session will be in two equal parts, which will both relate to the relevant topic. The first part will primarily be teacher-led with class discussion as appropriate. The second part will be centered on student-led activities, which are denoted in a supplementary document. Assigned readings are to be completed each week prior to attendance at the first session. Topics and Assignments Session/Date Topic Reading PART A Elliott & Quinn 2017 Tort Law Chapter 1 & Chapter 2, pp. 15-31 The duty of care Donoghue v Stevenson [1932] AC 562 Bourhill v Young [1942] AC 92 Caparo Industries PLC v Dickman (1990) 1 ALL ER 568 Commissioners of Customs and Excise v Barclays Bank plc [2007] 1 AC 181 Stovin v Wise [1996] AC 923 Yuen Kun Yeu v. A-G of Hong Kong [1988] AC 175 Overview & the Duty Foresight Haley v London Electricity Board [1965] AC 77 Session 1 of Care Home Office v Dorset Yacht Ltd (1970) AC 1004 Proximity Anns v London Borough of Merton [1978] A.C. 728 Sutradhar v National Environmental Research Council (2006) 4 ALL ER 490 Calvert v William Hill [2008] EWCA Civ 1427 Fair Just and Reasonable Phelps v Hillingdon LBC [2001] 2 All ER 344 Rees v Darlington Memorial Hospital NHS Trust [2004] 1 AC 309 Recommended Readings: A Robertson ‘On the Function of the Law of SAMPLE SYLLABUS – SUBJECT TO CHANGE Page 4 SAMPLE SYLLABUS – SUBJECT TO CHANGE Session/Date Topic Reading Negligence’ (2013) 33 Oxford Journal of Legal Studies 31 David Howarth ‘Many Duties of Care – or a Duty of Care? Notes from the Underground’ (2006) 26 Oxford Journal of Legal Studies Nicholas McBride ‘Duties of Care: Do They Really Exist?’ (2004) 24 Oxford Journal of Legal Studies 417 Elliott & Quinn 2017 Tort Law Chapter 5 Negligent misstatement Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) AC 465 Special relationship Chaudry v Prabhakar (1989) 1 WLR 29 Williams v Natural Life Foods [1998] 1 WLR 830 Assumption of responsibility Reeman v Department of Transport [1997] 2 Lloyds Rep 648 Henderson v Merrett Syndicates [1995] 2 AC 145 Lennon v Commissioner of Police of the Metropolis Session 2 Pure economic loss [2004] EWCA Civ 130 Customs & Excise Commissioner v Barclays Bank PLC [2007] 1 AC 181 Reasonable Reliance Esso Petroleum v Mardon [1976] QB 801 Spring v Guardian Assurance [1995] 2 AC 296 Third parties Smith v Eric Bush [1990] 1 AC 831 Scullion v Bank of Scotland [2011] EWCA Civ 693 Caparo v Dickman [1990]2 AC 605 Law Society v KPMG Peat Marwick [2000] 1 WLR 1921 (CA) Playboy Club London Ltd and others v Banca Nazionale del Lavoro SpA [2016] EWCA Civ 457 Required Readings: Elliott & Quinn 2017 Tort Law (11th ed.) Harlow: SAMPLE SYLLABUS – SUBJECT TO CHANGE Page 5 SAMPLE SYLLABUS – SUBJECT TO CHANGE Session/Date Topic Reading Pearson. Chapter 5 and relevant case law Recommended Readings: Joshua Griffin ‘Pure Economic Loss: Out of Negligence and Into the Unknown’ (2014) 44 Oxford University Undergraduate Law Journal. Elliott & Quinn 2017 Tort Law Chapter 4 Primary Victim Dulieu v White (1901) Bourhill v Young [1943] AC 92 Page v Smith [1996] 1 AC 155 Secondary Victim Introduction Alcock v Chief Constable of South Yorkshire [1992] 1AC 310 Proximity of Relationship McFarlane v EE Caledonia [1994] 1 Lloyd’s Rep 16 Greatorex v Greatorex [2000] 1 WLR 1970 Proximity in Time and Space Psychiatric injury Session 3 McLoughlin v O’Brian [1983] AC 410 Galli-Atkinson v Seghal [2003] EWCA Civ 697 Taylor v Novo [2013] EWCA Civ 194 Proximity of Perception Palmer v Tees Health Authority [2000] PIQR Vernon v Bosley (No.1) [1997] 1 All ER 577 Sudden shock Attia v British Gas [1988] QB 304 Sion v Hampstead Health Authority [1994] EWCA Civ 26 North Glamorgan NHS v Walters [2002] EWCA Civ 1792 Rothwell v Chemical and Insulating Co Ltd. [2007] UKHL 39 Rescuers White v Chief Constable of South Yorkshire [1998] 3 WLR 1509 SAMPLE SYLLABUS – SUBJECT TO CHANGE Page 6 SAMPLE SYLLABUS – SUBJECT TO CHANGE Session/Date Topic Reading Liability for bad news AB v Tameside & Glossop Health Authority [1996] EWCA Civ 938 Illness vs. grief Vernon v Bosley (No.1) [1997] 1 All ER 577 Simmons v British Steel [2004] UKHL 20 Recommended Reading: 1998 Law Commission Report http://www.official- documents.gov.uk/document/hc9798/hc05/0525/0 525.pdf Richard Mullender and Alistair Speirs, ‘Negligence, Psychiatric Injury and the Altruism Principlle’, 20 (4) (2000) Oxford Journal of Legal Studies, 645 Rachel Mulheron, ‘Rewriting the requirement for a ‘Recognised Psychiatric Injury’ in Negligence Claims’ (2012) 32 Oxford Journal of Legal Studies, 77 Eugene C Lim, ‘Proximity, Psychiatric Injury and the Primary/Secondary Tortfeasor Dichotomy: Rethinking Liability for Nervous Shock in the Information Age’ (2014) 23 Nottingham Law Journal 1 Elliott & Quinn 2017 Tort Law Chapter 2, pp.
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