Module title: Obligations 2

SCQF level: 08:
SCQF credit value: 20.00
ECTS credit value: 10

Module code: LAW08119
Module leader: Richard Whitecross
School The Business School
Subject area group: Accountancy Finance and Law
Prerequisites

Obligations 1 (LAW07110) or
Introduction to Law of Obligations at SCQF Level 7

2018/9, Trimester 2, Face-to-Face, Edinburgh Napier University
Occurrence: 001
Primary mode of delivery: Face-to-Face
Location of delivery: CRAIGLOCKHAR
Partner: Edinburgh Napier University
Member of staff responsible for delivering module: Richard Whitecross
Module Organiser:


Learning, Teaching and Assessment (LTA) Approach:
Learning & teaching methods including their alignment to Los:
Lectures, supported by material on WebCT, will be used to provide a knowledge base in the relevant subject matter for students. This contact time allows primarily for information giving including the key concepts in the Law of Delict, relevant case law, statutory provisions and recent developments in key aspects of delictual liabilities. There will also be some opportunity for student questions and discussion. (LOs 1 to 5)
Tutorial time will require students to undertake prior reading and preparatory problem-solving analysis to facilitate group work, student presentation work (formative assessment) and tutor led discussion in class contact time which is used to explore concepts in detail and clarify points. (LOs 1 to 6)

Assessment (formative and summative)
The written coursework assessments will comprise both short answer analysis of legal materials, legal problem solving exercises and an essay, They will be supported by preparatory oral presentation by students to be undertaken in tutorial classes. (formative and summative assessment LOs 1 to 6)
The final examination will be a summative assessment testing competent achievement of all the modular learning outcomes.

Embedding of employability/PDP/scholarship skills
Students will undertake group work and develop their oral communication skills in tutorial classes. They will also be required to undertake research and reading for both coursework and tutorial preparation utilising both library and online resources.

Research/ teaching linkages.
This will occur in preparation for and participation in tutorials and the undertaking of coursework assignments. Students will be encouraged to investigate and research case law, statutory provisions, textbooks and journal articles relevant to the Law of Delict. They will also be made aware of recent legal developments in the subject area as indicated from the module leaders own research activity.



Formative Assessment:
On-going formative assessment on student progress will be given during classes

Summative Assessment:
Assessments for this module are reflected in section 17.

Student Activity (Notional Equivalent Study Hours (NESH))
Mode of activityLearning & Teaching ActivityNESH (Study Hours)
Face To Face Lecture 24
Face To Face Tutorial 12
Independent Learning Guided independent study 162
Face To Face Centrally Time Tabled Examination 2
Total Study Hours200
Expected Total Study Hours for Module200


Assessment
Type of Assessment Weighting % LOs covered Week due Length in Hours/Words
Essay 60 ALL 10 HOURS= 0, WORDS= 2500
Centrally Time Tabled Examination 40 1 - 6 14/15 HOURS= 2, WORDS= 0
Component 1 subtotal: 60
Component 2 subtotal: 40
Module subtotal: 100

Description of module content:

This module is designed to take you through the nature of Scots Law of Delict and Unjust Enrichment. You will learn about fundamental principles of delictual liability such as culpa and title to sue. There will be a particular focus on the law of negligence including duty of care, breach of duty, causation and the defences applicable in actions based on negligence. You will also learn about vicarious liability, liability for: third parties, economic loss, nervous shock, negligent statements, defective products, liability for animals and defamation, nuisance and remedies.

Learning Outcomes for module:

LO1: Explain the fundamental nature of the Delictual Liability and Unjust Enrichment in an ethical and moral context.
LO2: Describe the concept of negligence including duty of care, breach of duty and causation.
LO3: Explain breach of statutory duty in relation to delictual actions
LO4: Describe delictual liabilities in respect of product liability, occupier’s liability, defamation, assault, breach of confidence and the law of nuisance.
LO5: Explain the defences (including extinction by prescription and limitation) and remedies applicable to delictual actions
LO6: Utilise legal problem-solving skills in the context of delictual and quasi-contractual liabilities relevant to the legal profession.

Indicative References and Reading List - URL:

Core - THOMSON, JOE (2014) DELICTUAL LIABILITY: BLOOMSBURY, 5th ed. - ISBN: 9781780434674
Core - MCMANUS, F, RUSSEL, E AND BISACRE, J (2011) DELICT A COMPREHENSIVE GUIDE TO THE LAW IN SCOTLAND: DUNDEE UNIVERSITY PRESS, 2nd ed. - ISBN: 9781845860424
Recommended - PILLANS, BRIAN (2014) DELICT: LAW AND POLICY: W.GREEN, 5th ed. - ISBN: 9780414018907
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