LLAW1005 & LLAW1006 Law of Tort I & II

1.1 Course details

Course code: LLAW1005 and LAW1006
Course name: Law of Tort I & II
Programme offered under: LLB Programme
Semester: Full year
Designated research course: Not applicable
Specialization: Not applicable
Prerequisites / Co-requisites: No
Course offered to non-law students: No
Credit point value: 6 credits + 6 credits

1.2 Course description

This course introduces students to the tort law system and the general and particularized principles of tort liability. The course begins with a critical examination of the social and economic functions of the tort system. It then proceeds to an examination of the leading case law and principles in the main tort actions, beginning with a detailed analysis of the predominant tort, negligence. Important negligence-related concepts such as vicarious liability, joint and several liability, contribution and limitation of action are considered, as well as the principle remedy for negligence, that of damages for personal injury and death. Torts closely related to negligence such as occupiers’ liability and breach of statutory duty are also studied, as are the tort-related no-fault accident compensation schemes for work-related injury and disease. The course then proceeds to a study of trespassory torts, those torts that cause injury or interference through intentional conduct, and the remedies available. Torts causing damage to or interference with property and their remedies are then considered, including trespass to land, nuisance and Rylands v. Fletcher. The course concludes with an examination of and the remedies for the torts that protect reputation, principally, defamation.

This course aims to provide a solid grounding in the functions and principles of tort law, the ability to think critically about tort law, and the ability to conduct independent legal research and provide meaningful legal analysis of tort law problems. Through carefully designed learning activities, the course aims to nurture in students the ability to identify tort law issues in the unflagged tort-related events of daily life, and to engage in the independent legal analysis of such unflagged tort-related events.

Students interested in finding out more about the course are free to contact Professor Rick Glofcheski (rick.glofcheski@hku.hk) or Dr David Kwok (davkwok@hku.hk).

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor / tutor (first semester) Rick Glofcheski rick.glofcheski@hku.hk CCT 305 By email
Course convenor (second semester) / tutor (first semester) David Kwok davkwok@hku.hk CCT 814 By email
Course tutor  (first and second semester) Josiah Chan josiah@graduate.hku.hk N/A By email
Course tutor  (first and second semester) Adrian Lo adrianyylo@gmail.com N/A By email
Course tutor  (first and second semester) Cordelia Yeung cyeung@alsc.hk N/A By email
Course tutor (first and second semester) Christy Wong christywong@siroswald.com N/A By email
Course tutor (second semester) Tessa Chan tessachantc@gmail.com N/A By email
Course tutor (second semester) Francis Chung francis.hochaichung@gmail.com N/A By email
Course tutor (second semester) Jerry Tam jerrytam@connect.hku.hk N/A By email

 

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Explain the most important and commonly litigated torts, their constituent elements and the function they perform within the legal system.

CLO 2 Explain basic tort theory and criticism, the functions of tort law, what it is that tort law seeks to achieve in the context of society and its institutions, including the economic system, and be able to assess it against possible alternatives.

CLO 3 Conduct basic legal research, analysis and argument such that, when presented with a legal fact problem, possibly involving a tort you have never studied, you can, independently and without supervision, provide a legal opinion based on appropriate and cogent legal analysis.

CLO 4 See the relevance of tort law in the events of daily life such that, on reading or hearing of current events in the popular media that have tort law relevance, you can identify and explain the tort law implications in simple and clear terms.

CLO 5 Think critically about tort law as it is currently formulated, and about its role and function in Hong Kong society.

2.2 LLB Programme Learning Outcomes (PLOs)

PLO A Demonstrate a solid understanding of the body of legal knowledge and the capacity to critically analyse and evaluate legal principles and arguments, at a level required to meet the standards and expectations of the legal profession and the community at large.

PLO B Apply the knowledge, lawyering skills and legal reasoning to real situations in life, with a view to resolving issues, problems and disputes within the legal parameters.

PLO C Appreciate the underlying values of the law and the legal system in the broad social, economic, political and cultural contexts: justice, the Rule of Law, and protection of rights and liberties which form the fabrics of a civilised society, and the importance of upholding these values by the legal community.

PLO D Appreciate the differences in laws and legal systems among different political, social and cultural environments, and develop a comparative understanding of the different legal systems, legal ethos and legal cultures among the various jurisdictions.

PLO E Demonstrate the ability to present effectively legal arguments in the professional context, as well as conveying and explaining the law effectively to lay clients and members of the larger community

PLO F Demonstrate a strong awareness of social issues and conditions, and utilise analytical abilities and rhetorical advocacy for the betterment of the human community.

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4
CLO 5

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Online test 24 Nov 2020 10% or 20% 1, 3, 5 1, 2, 3, 4, 5
Photo essay (optional) 26 Oct 2020 10% 1, 2, 3, 4, 5
Reflective media diary
  • Part A: 28 Jan 2021
  • Part B: 4 Mar 2021
30% 2 1, 2, 3, 4, 5
Final exam TBC 50% 1, 3 1, 2, 3, 4, 5
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: http://www.law.hku.hk/course/grading-criteria/

 

4.1 Learning Activity Plan

Lecture: 2 hours / week for 12 teaching weeks
Tutorial: 1 hour / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

  • Assigned Readings
  • Lectures
  • Tutorials: preparation by reading and preparing provisional analysis; discussion and debate in tutorials
  • Keeping a media diary on tort law throughout the course preparation of a photographic tort essay; or a legal analysis of a tort-related media report

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: Glofcheski, Tort Law in Hong Kong (revised 4th edn, 2018)
Recommended reading list: Reference & Optional

  • Rogers, Winfield and Jolowicz on Tort (London: Sweet & Maxwell, 19th edn, 2014)
  • Cane, Atiyah's Accidents, Compensation and the Law (Cambridge University Press, 9th edn. 2018)

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/


By the publication of the course profile online, the Faculty deems the student as having been notified of the course requirements.