Module Descriptors
OBLIGATIONS AND CIVIL LITIGATION
LAWS41706
Key Facts
Health, Education, Policing and Sciences
Level 4
30 credits
Contact
Leader: Samantha Spence
Hours of Study
Scheduled Learning and Teaching Activities: 18
Independent Study Hours: 282
Total Learning Hours: 300
Assessment
  • Coursework - 1500 word assignment weighted at 50%
  • Coursework - Drafting Exercise, Forms N1 and N9 Defence to a simple debt scenario weighted at 50%
Module Details
Indicative Content
The module seeks to provide students with a broad introduction to the fundamental principles of substantive Contract and Tort law, along with the practical skills of Civil Litigation. The learning will include the elements of a contract, terms and representation, discharge of a contract, contract remedies, negligence, vicarious liability and remedies. Civil litigation will introduce the practical application of Contract and Tort in the Courts. The syllabus includes the following topics:

Definition of a contract
Offer and Acceptance
Consideration
Intention
Terms and Representations
Discharge of a Contract
Remedies
Negligence
Defences to Negligence
Vicarious Liability
Civil litigation Basic Processes and Procedure
Funding of Civil Litigation

Learning Strategies
The learning strategy for this module is based around students committing a total of 300 hours of activities towards achieving the learning outcomes. These will be split between 18 hours of Face to Face contact with a tutor delivered as a block at the end of the course, and 282 hours of directed, guided and self-study delivered as blended learning on BlackBoard, together with preparation for and completion of the assessment tasks.

Face to Face Contact will include a mixture of small and larger group activities, much of it based on the principles of practice and problem based learning. Learning will be organised into a series of sessions where students will be required to participate. Each session will be based around a problem or issue, and students will work towards a range of solutions by specifying objectives, identifying constraints, obtaining background information, applying related theory and knowledge based around the subject matter.

Face to Face Large group sessions seek to consolidate the blended learning of the main principles of substantive Law of Tort and Contract, and Basic Civil Litigation Practice. They will verify and consolidate knowledge and understanding and will engage in more detailed exposition of selected theories, rules and constraints. Small group sessions will seek to practice the application and analysis of that knowledge and understanding.

The guided learning will incorporate a mixture of activities, some of which will require groupwork and electronic interaction. The learning will be facilitated by use of the VLE platform and discussions/interactions between students and tutors.

Students will be expected to be familiar with contemporary discussions in this area of law, and to bring a range of ideas to bear on the discussions. These part time students will all be employed in a range of legal settings which will equip them with actual practical knowledge and application of the learning that they can share in their studies. Thus, although there will be a framework of knowledge and understanding, students will be actively, rather than passively, engaged in the process of both learning about, and increasing understanding of, the subject matter, as well as applying the learning to actual employment situations which will further enhance their knowledge, understanding and application.

The module will use a blend of teaching methods to enable different styles of learning to be facilitated, and to meet the needs of work based part time learners. The differing methods will also be a platform for the development of essential skills such as intellectual skills, communication skills and problem solving, as well as research, teamwork, negotiation, presentation, referencing, argument, judgement and appropriate use of IT.
Assessment Details
Assignment

1500 WORD ASSIGNMENT. A 50% weighting will be applied to this assessment and combined with the remaining element of assessment in this subject . Assesses Learning Outcomes 1,3,4,5,and 6.

DRAFTING EXERCISE – FORMS N1 AND N9 A DEFENCE TO A SIMPLE DEBT SCENARIO, a 50% weighting will be applied to this assessment and combined with the remaining element of assessment in this subject (Assessing all Learning Outcomes)

If the mark for either element of assessment is less than 20%, you will be required to re-sit that element in the same format


To pass this module, you must obtain a composite mark of at least 40%
Resources
Access to appropriate texts, legislation and case law.
Module Study Guide and Apprentice Learner Handbook.
Computing facilities will be needed to access material available on Blackboard and specialist on-line databases such as Lexis, Westlaw, BAILII and the Law Commission site.
Texts
CiLex manual Contract for Level 3 Diploma in Law and Practice (current edition (updated annually) CiLex Law School.

CiLex manuel Law of Tort for Level 3 Diploma in Law and Practice (current edition (updated annually) CiLex Law School.

CiLex manuel Civil Litigation Practice for Level 3 Diploma in Law and Practice (current edition (updated annually) CiLex Law School.

Richards Law of Contract 6th Edition 2016 Pearsons.

Bermingham and Brenner Tort Law Directions 5th Edition 2017 Oxford.

Cunningham-Hill and Elder Civil Litigation (Current edition (Updated annually) Oxford.

Learning Outcomes

1. DEMONSTRATE A KNOWLEDGE AND UNDERSTANDING OF THE BASIC PRINCIPLES OF CONTRACT AND TORT LAW AND THE PRACTIAL APPLICATION OF CIVIL LITIGATION.
Knowledge and Understanding
Learning

2. APPLY THE KNOWLEDGE AND UNDERSTANDING OF THE BASIC PRINCIPLES OF CIVIL LITIGATION RELATING TO THE LAW OF OBLIGATIONS IN A REAL LIFE CONTEXT
Application
Reflection

3. EXERCISE INTELLECTUAL SKILLS TO SHOW COMPETENCY IN THE ABILITY TO ANALYSE FACTS, RULES AND CONCEPTS IN THE CONTEXT OF TORT AND CONTRACT.
Analysis

4. DEMONSTRATE THE ABILITY TO RESOLVE PROBLEMS BY ANALYSIS AND THE APPLICATION OF THE PRINCIPLES OF THE TORT AND CONTRACT LAW IN A REASONED AND COGENT MANNER.
Analysis
Application
Problem solving

5. DEMONSTRATE THE ABILITY TO CONDUCT EFFECTIVE RESEARCH AND TO UTILISE SUCH RESEARCH IN AN EFFECTIVE MANNER.
Enquiry

6. DEMONSTRATE AN ABILITY TO EFFICIENTLY AND EFFECTIVELY COMMUNICATE KNOWLEDGE UNDERSTANDING AND APPLICATION OF CONTRACT AND TORT LAW AND THE RELATED CIVIL LITIGATION PROCEDURES.
Communication
Application