Gwybodaeth Modiwlau
Module Identifier
LC31520
Module Title
Dispute Resolution in Contract and Tort
Academic Year
2022/2023
Co-ordinator
Semester
Semester 1
Pre-Requisite
Pre-Requisite
Pre-Requisite
Co-Requisite
If intending to prepare for the SQE1 examination students should also pursue: LC31420:LC31320:LC31620:LC31720:LC31820
Exclusive (Any Acad Year)
Welsh medium equivalent of module
CT31520 [not yet in place]
Other Staff
Course Delivery
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Assessment | Problem-solving written answers 2,000 words Coursework | 25% |
| Semester Exam | 2 Hours Online examination In person online examination in computer room | 75% |
| Supplementary Assessment | Problem-solving written answers 2,000 words coursework | 25% |
| Supplementary Exam | 2 Hours Online Examination In person online examination in computer room | 75% |
Learning Outcomes
On successful completion of this module students should be able to:
1. Analyse merits of a claim or defence, using knowledge of the core principles of the law of contract and tort
2.Evaluate pre-action considerations and steps to meet a client's objectives
3. Apply the Civil Procedure Rules for bringing or responding to a claim in contract and/or tort
4. Evaluate how best to progress or defend the claim to meet a client’s objectives
5. Evaluate the evidence needed to progress or defend a claim
6. Prepare a case for a trial and take forward post trial steps
Brief description
This module covers the principles and practical rules associated with dispute resolution in contract and tort.
Students are expected to draw on and apply knowledge from the following areas of law and practice:
The core principles of contract law
The core principles of tort
The principles, procedures and processes involved in dispute resolution and the Rules of Civil Procedure
Students are expected to draw on and apply knowledge from the following areas of law and practice:
The core principles of contract law
The core principles of tort
The principles, procedures and processes involved in dispute resolution and the Rules of Civil Procedure
Content
1. Contract
- Existence/formation of a contract
- Contents of a contract.
- Causation.
- Vitiating elements.
- Discharge of contract and remedies.
- Unjust enrichment.
2. Tort
- Negligence.
- Nuisance and the rule in Rylands v Fletcher.
- Breach of statutory duty and product liability.
- Remedies and defences.
3. Dispute Resolution
- Analysis of merits of claim or defence.
- Arbitration, mediation and litigation as an appropriate mechanism to resolve a dispute.
- Pre-action considerations and steps.
- Commencing, responding to or progressing claim.
- Case management and any interim applications relevant to the claim.
- The evidence needed, and disclosure steps required in commencing, responding to, progressing or defending a claim.
- Preparation of a case for a trial, the trial and any post trial steps.
- Procedures and processes relevant to costs and funding involved in dispute resolution.
- Existence/formation of a contract
- Contents of a contract.
- Causation.
- Vitiating elements.
- Discharge of contract and remedies.
- Unjust enrichment.
2. Tort
- Negligence.
- Nuisance and the rule in Rylands v Fletcher.
- Breach of statutory duty and product liability.
- Remedies and defences.
3. Dispute Resolution
- Analysis of merits of claim or defence.
- Arbitration, mediation and litigation as an appropriate mechanism to resolve a dispute.
- Pre-action considerations and steps.
- Commencing, responding to or progressing claim.
- Case management and any interim applications relevant to the claim.
- The evidence needed, and disclosure steps required in commencing, responding to, progressing or defending a claim.
- Preparation of a case for a trial, the trial and any post trial steps.
- Procedures and processes relevant to costs and funding involved in dispute resolution.
Module Skills
| Skills Type | Skills details |
|---|---|
| Application of Number | |
| Communication | Central to all interactions on this module (core to the professional and ethical elements of the competency requirements) |
| Improving own Learning and Performance | Students will be presented with new and novel scenarios regularly in order to develop their ability to adapt the application of their legal knowledge. |
| Information Technology | Computer-based assessment. Legal research via electronic databases. |
| Personal Development and Career planning | Feedback and feedforward sessions reflecting on performance in set tasks. Practical and client-facing aspects of the module |
| Problem solving | Scenarios and case studies central to module delivery with students developing solutions. |
| Research skills | Central to problem-solving and decision making in the context of legal analysis. |
| Subject Specific Skills | Knowledge of dispute resolution in contract and tort disputes |
| Team work | Many of the classroom exercises will require teamwork |
Notes
This module is at CQFW Level 6