Aspects of Tort Law Assignment Brief
| Qualification | OTHM Level 3 Diploma in Law (610/3541/5) |
| Unit Reference Code | T/650/9385 |
| Unit Name | Aspects of Tort Law |
| Credit | 20 |
| GLH | 80 |
| TQT | 200 |
Unit Aim
This unit introduces students to aspects of tort law and how it has developed though common law and statutory law. The unit will cover negligence and duty of care principles as well as defences for claims that arise in negligence. Students will also explore the area of vicarious liability and where this arises.
Learning Outcomes and Assessment Criteria
| Learning Outcomes – The learner will: | Assessment Criteria – The learner can: |
| 1.Understand the development of common tort law | 1.1 Define duty of care.
1.2 Define tort law. 1.3 Define the functions of tort law. 1.4 Describe the term negligence. 1.5 Explain the historical origins of tort law. |
| 2.Understand the law governing duty of care | 2.1 Define the tests governing duty of care in negligence.
2.3 Define the current law relating to duty of care in cases of psychiatric harm. 2.3 Describe the standard test for breach of duty. 2.4 Explain the meaning of public policy in the context of duty of care in negligence. 2.5 Explain the breaks in the chain of causation. 2.6 Explain the requirement of reasonable foreseeability. 2.7 Analyse causation and the legal tests that are needed. |
| 3.Understand vicarious liability and describe the tests used in establishing vicarious liability | 3.1 Define vicarious liability.
3.2 Explain the elements needed to establish vicarious liability. 3.3 Analyse the tests for identifying employment status. |
| 4.Understand defences to claims in negligence | 4.1 Outline the use of exclusion clauses.
4.2 Define the function and nature of defences. 4.3 Explain appropriate defences to claims of negligence. 4.4 Explain the defence of contributory negligence. 4.5 Analyse the defence of ex turpi causa. 4.6 Analyse the defence of consent Volenti non-fit injuria. |
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the standards specified by all assessment criteria.
| Learning Outcomes to be met | Assessment criteria to be covered | Type of assessment | Word count (approx. length of coursework) |
| LO1 to LO4 | All ACs under LO1 to LO4 | Coursework | 2500 words |
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