CILEx Level 6 Unit 13 Law of Tort
CILEx Level 6 Unit 13 Law of Tort - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of the law of tort in England and Wales.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any Graduate Member of CILEx or Chartered Legal Executive wishing to fulfil the Solicitors Regulation Authority's academic stage of training
- any paralegal working in personal injury claims who wishes to develop a degree-level knowledge of the law of tort.
- any qualified legal practitioner wishing to refresh knowledge of the law of tort after a career break.
We recommend that you should also study CILEx Level 6 Unit 15 Civil Litigation to learn how to apply your knowledge. We also offer CILEx Level 3 Unit 5 Law of Tort which delivers sufficient knowledge of the law of tort to be able to conduct straightforward personal injury cases.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in the Law of Tort which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
Chapter 1: General Principles of Liability
1.1 Introduction
1.2 Interests protected
1.3 The mental element in tort
1.3.1 Malice
1.3.2 Intention
1.3.3 Negligence
1.3.4 Strict liability
1.4 Objectives of tort
1.4.1 Deterrence
1.4.2 Compensation
1.5 Tort and crime
1.6 Tort and contract
1.7 Parties
1.7.1 Introduction
1.7.2 Special categories
1.7.2.1 Sovereign immunity
1.7.2.2 Administration of justice
1.7.2.3 Artificial legal persons
1.7.2.4 Minors
1.7.2.5 Joint and several liability
1.8 The Human Rights Act 1998
1.8.1 A right to privacy – or to protection of private information?
1.9 Summary
Chapter 2: Negligence: The Duty of Care – General Principles and Public Policy
2.1 Introduction
2.2 Donoghue v Stevenson [1932]
2.2.1 The neighbour principle
2.2.2 Developments after 1932
2.3 The three-stage test: foreseeability, proximity, and “fair, just and reasonable”
2.3.1 Foreseeability and proximity
2.3.2 Fair, just and reasonable – policy considerations
2.4 Complex duty cases involving policy considerations
2.4.1 The lawyer as advocate
2.4.2 Police activities
2.4.3 Rescue services
2.4.4 Public bodies acting under statutory powers
2.4.5 Liability for omissions
2.4.6 Liability for the acts of third parties
2.4.7 Liability for failure to warn of risks of medical treatment
2.5 The influence of the Human Rights Act 1998
2.6 Summary
Chapter 3: Negligence: The Duty of Care – Psychiatric Damage
3.1 Introduction
3.2 The principles developed through the cases
3.2.1 Fear for one’s own safety
3.2.2 Fear for the safety of others
3.2.3 Fellow workers and rescuers
3.2.4 Foreseeability of harm
3.2.5 Shock
3.2.6 Immediate aftermath
3.3 Primary and secondary victims
3.4 Law Commission proposals
3.5 Summary
Chapter 4: Negligence: The Duty of Care – Pure Economic Loss
4.1 Introduction
4.2 Negligent statements
4.2.1 The law before 1963
4.2.2 The law after 1963
4.2.2.1 Assumption of responsibility
4.2.2.2 Must the defendant possess a special skill?
4.2.2.3 The claimant must reasonably rely on the defendant’s advice
4.2.2.4 Relationship with the Misrepresentation Act 1967
4.2.3 Causation
4.2.4 Contributory negligence
4.2.5 The contract–tort boundary
4.3 Negligent acts
4.3.1 The general rule of non-recovery
4.3.2 The negligent statement/negligent act divide
4.3.3 The complex problem of negligently constructed buildings leading to pure economic loss
4.3.4 Defective goods
4.4 Summary
Chapter 5: Negligence: Breach of Duty
5.1 Introduction
5.2 Reasonable person test
5.3 Factors determining negligence
5.3.1 The degree of probability that damage will occur
5.3.2 The magnitude of likely harm
5.3.3 The importance of the objective to be achieved
5.3.4 The burden of taking precautions against the risk
5.3.5 Conformity with accepted practice
5.3.6 Special skill
5.4 Proof of negligence
5.5 Res ipsa loquitur
5.6 Summary
Chapter 6: Negligence: Causation and Remoteness of Damage
6.1 Introduction
6.2 The “but for” test
6.3 Multiple causes
6.4 Loss of chance
6.5 Multiple successive causes
6.6 Novus actus interveniens
6.7 Remoteness of damage
6.7.1 Re “Polemis”
6.7.2 The “Wagon Mound”
6.7.3 Extent of the harm suffered
6.7.4 The “thin skull” rule
6.8 Remoteness: some other torts
6.9 Policy issues
6.10 Summary
Chapter 7: Defences
7.1 Introduction
7.2 Contributory negligence
7.2.1 The common law approach
7.2.2 The statutory regime
7.2.3 Fault of the claimant
7.2.4 Causation
7.2.5 Apportionment
7.3 Volenti non fit injuria
7.3.1 Agreement
7.3.2 Knowledge
7.3.3 Voluntariness
7.4 The relationship between contributory negligence and volenti
7.4.1 A comparison
7.4.2 The rescue cases
7.5 Ex turpi causa
7.6 Summary
Chapter 8: Defective Premises – Occupiers’ Liability
8.1 Introduction
8.2 Scope of the Occupiers’ Liability Act 1957
8.3 Occupiers
8.4 Visitors
8.5 Common duty of care
8.6 Children
8.7 Common calling
8.8 Warnings
8.9 Independent contractors
8.10 Volenti and contributory negligence
8.11 Exclusion
8.12 The Occupiers’ Liability Act 1984
8.12.1 Historical background
8.12.2 The provisions of the Occupiers’ Liability Act 1984 – general
8.12.3 Conditions for the duty to arise
8.12.4 Content of the duty
8.12.5 Defences and exclusion of liability
8.13 Summary
Chapter 9: Employers’ Liability – Personal and Vicarious
9.1 Introduction
9.2 Who is an employee?
9.3 Employer’s personal duty of care
9.3.1 Duty to take reasonable care for the safety of employees
9.3.2 Duty to employee’s family?
9.3.3 Duty does not extend to pure economic loss
9.3.4 Duty in relation to work stress
9.3.5 Competent staff
9.3.6 Plant and appliances
9.3.7 Premises
9.3.8 Safe system of work
9.4 Breach, causation and remoteness
9.5 Defences
9.6 Vicarious liability – introduction
9.6.1 Course of employment
9.7 Employer and independent contractor
9.8 Principal and agent
9.9 Summary
Chapter 10: Trespass and Related Torts
10.1 Introduction
10.2 Common features of trespass to the person actions
10.3 Battery
10.4 Assault
10.5 Defences to assault and battery
10.5.1 Consent
10.5.1.1 Patient autonomy versus medical paternalism
10.5.1.2 Conflicting interests
10.5.1.3 Impact of the Human Rights Act 1998
10.5.2 Self-defence or defence of others
10.5.3 Defence of property
10.5.4 Necessity
10.6 False imprisonment
10.6.1 Restraint must be total
10.6.2 Imprisonment without knowledge
10.6.3 Failure to release a person
10.6.4 Legally justifiable detention
10.6.4.1 Arrest
10.6.4.2 Custodial sentences
10.7 The rule in Wilkinson v Downton
10.8 Trespass to land
10.8.1 Introduction
10.8.2 Trespass by wrongful entry
10.8.3 Trespass by remaining on land
10.8.4 Trespass by placing objects on land
10.8.5 Possession
10.8.6 Defences
10.8.7 Remedies
10.9 Intentional interference with chattels
10.9.1 Introduction
10.10 Trespass to goods
10.11 Conversion
10.12 Finders
10.13 Jus tertii
10.14 Remedies
10.15 Summary
Chapter 11: Nuisance and Rylands v Fletcher
11.1 Introduction
11.2 Statutory nuisance
11.3 Public nuisance
11.4 Private nuisance
11.5 Private nuisance: parties
11.5.1 Claimants
11.5.2 Defendants
11.5.2.1 Occupier
11.5.2.2 Creator of the nuisance
11.5.2.3 Landlord
11.6 Damage
11.7 The reasonableness requirement
11.7.1 Where nuisance causes physical damage
11.7.2 Where nuisance causes interference with comfort and convenience
11.7.2.1 Locality
11.7.2.2 Duration of the interference
11.7.2.3 Defendant’s malicious response to claimant’s behaviour
11.7.2.4 The public utility argument
11.8 Defences
11.8.1 Sensitivity of the claimant or claimant’s property
11.8.2 Coming to the nuisance is not a defence
11.8.3 The common enemy rule
11.8.4 Contributory negligence, consent and prescription
11.8.5 Statutory authority
11.8.6 Public interest
11.9 Nuisance and fault
11.10 Remedies
11.11 The rule in Rylands v Fletcher – introduction
11.12 Parties
11.13 Requirements of the rule
11.13.1 The thing must be likely to do mischief if it escapes
11.13.2 There must be an accumulation
11.13.3 The use of the land must be non-natural
11.13.4 There must be an escape
11.13.5 Damage must be proved
11.14 Remoteness of damage
11.15 Defences
11.15.1 Consent of the claimant
11.15.2 “Common benefit”
11.15.3 Act of a stranger
11.15.4 Unusual natural events
11.15.5 Statutory authority
11.16 Summary
Chapter 12: Defamation
12.1 Introduction
12.2 Damage and damages
12.3 Libel and slander
12.4 Defamatory meaning
12.4.1 Right-thinking members of society
12.4.2 True and false innuendo
12.5 Reference to the claimant
12.6 Publication
12.7 Defences
12.7.1 Assent to publication
12.7.2 Responsibility for publication – s1 Defamation Act 1996
12.7.3 Offer to make amends – ss2–4 Defamation Act 1996
12.7.4 Justification
12.7.5 Absolute privilege
12.7.6 Qualified privilege
12.7.6.1 Statutory and common law qualified privilege
12.7.6.2 Common law qualified privilege
12.7.6.3 Newspaper qualified privilege
12.7.6.4 Malice
12.7.7 Fair comment
12.8 Remedies
12.9 The Defamation Act 1996
12.10 Proposals for reform
12.11 Summary
Chapter 13: Remedies
13.1 Introduction
13.2 Types of damages
13.2.1 Non-compensatory damages
13.2.2 Compensatory damages
13.3 Non-pecuniary loss
13.4 Pecuniary loss
13.4.1 Loss of earnings
13.4.2 The lost years
13.4.3 Future medical care and attention
13.4.4 Deductions
13.4.5 Interest on damages for personal injury
13.5 Death
13.5.1 Dependants
13.5.2 Financial dependence
13.5.3 Pure economic loss
13.5.4 Bereavement
13.5.5 One action only
13.6 Provisional damages
13.7 Periodical payments
13.8 Proposals for reform
13.9 Damage to property – consequential economic loss
13.10 Injunctions
13.11 Miscellaneous other remedies
13.12 Summary
Application
Download: CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.