Module Information
Course Delivery
| Delivery Type | Delivery length / details |
|---|---|
| Lecture | 30 x 1 Hour Lectures |
| Seminar | 6 x 1 Hour Seminars |
Assessment
| Assessment Type | Assessment length / details | Proportion |
|---|---|---|
| Semester Assessment | Essay | 50% |
| Semester Assessment | Students will undertake set tasks that require them to identify legal obligations in set scenarios and apply their knowledge so as to assign these obligations amongst rights and duty holders. Practical exercise: | 50% |
| Supplementary Assessment | Essay - if element failed (and overall module mark less than 40%) | 50% |
| Supplementary Assessment | Practical exercise - if element failed (and overall module mark less than 40%) | 50% |
Learning Outcomes
On successful completion of this module students should be able to:
1. Identify and explain how legal obligations are created and enforced, both in national and international law, and show an awareness of the differences between enforceability of obligations under national and international law.
2. Demonstrate an understanding of the relevant constituent elements of legal obligations, and be able to apply this understanding to the study of legal obligations in other fields of law.
3. Evaluate and analyse the scope of legal obligations and their role in the resolution of disputes; utilize understanding of the nature of obligations in the resolution of disputes.
4. Identify, evaluate and analyse other means of resolving legal disputes.
5. Construct credible and cogent arguments on the basis of relevant law and evidence, in order to develop skills in reading, understanding and applying the relevant domestic and international sources to legal problems; to interpret legal rules and texts; and to read and evaluate relevant secondary sources.
6. Critically asses the intrinsic value of obligations, through showing understanding of their philosophical, historical and legal foundations in different legal systems and structures.
Brief description
The module addresses the concept and creation of civil legal obligations and State obligations. It will consider the content and purpose of such obligations and the role they play in national and international societies, as well as the resolution of disputes arising out of legal obligations.
Aims
The module aims to inform students of the key principles underlying legal obligations, as well as considering the specific legal elements of these principles, through the study of relevant case law and legislation. The module also aims to teach students about the resolution of legal disputes, including through non-litigious means.
Content
- Nature of legal obligations
- Basis and purpose of contractual obligations
- Basis and purpose of tortious obligations
- History of contract and tort
- Working with obligations (skills)
- Case study
- Roman law of contract and delict
- International legal obligations
- Working with obligations (skills)
- Case study
- Customary legal obligations
- Alternative dispute resolution
The seminars will be designed to support and reinforce students' learning of the main subjects addressed in the module.
Module Skills
| Skills Type | Skills details |
|---|---|
| Application of Number | |
| Communication | Written communication in the essay and exercise. Oral communication in seminars and lectures. |
| Improving own Learning and Performance | Pre- and post-lecture research and seminar preparation; using legal databases in preparation for seminar work, the essay and the exercise |
| Information Technology | In lectures, pre- and post-lecture research, seminar preparation, essay and exercise preparation. |
| Personal Development and Career planning | The study of this module is crucial to, and will assist in, both further legal studies and a career in the legal profession. It will enhance students' appreciation of how law is created and how it works and therefore provide transferable skills. |
| Problem solving | Preparation for and discussion of problem-solving questions in lectures; practical application in seminars and case studies |
| Research skills | Pre- and post-lecture research; seminar and essay preparation |
| Subject Specific Skills | Legal research: use of legal databases as a resource for statute and case law. Learning how to read primary sources. Learning how to read secondary sources and through this to distinguish relevant from irrelevant material. Problem-solving exercises will assist in developing the expertise to deal with such tasks in examinations but also with regard to legal issues in real life, particularly in a legal career. |
| Team work | Seminar work, including preparation and group discussions. Students are encouraged to work together in solving problems. |
Notes
This module is at CQFW Level 6