The level of knowledge developed by the course is equivalent to that of first degree law at university.

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1 Course Information What is the aim of the course? To provide an understanding of the law of England and Wales in relation to obligations and civil evidence that are relevant to how disputes may arise and be resolved. This course is intended for individuals who may not have studied law previously and wish to gain an understanding of the elements of the law of obligations and civil evidence that affect matters in civil and commercial disputes. It is suitable for anyone with a general interest in dispute resolution and is essential for individuals who wish to go on to become qualified arbitrators, adjudicators or mediators. The level of knowledge developed by the course is equivalent to that of first degree law at university. What are the learning outcomes? On successful completion of this course candidates will be able to: explain the sources of law and demonstrate how these are used in a common law jurisdiction; evaluate the nature and significance of the different types of obligations which can exist between parties; the potential overlap between contractual and tortious claims; evaluate and apply contractual and tortious remedies; explain the rules of evidence relating to civil or commercial litigation; critically analyse a problem using the law of contract, the law of tort and the rules of evidence; What is covered within the syllabus? Introductory matters Nature of law and its place in society; Sources of law: legislation, binding judicial precedent, custom, text books; Administration of justice: courts, tribunals, private methods of dispute resolution. Contract Types of contract: simple and specialty; requirement as to form; Formation of a valid contract: offer, acceptance, consideration, intention to create legal relations; capacity; Content of contract: representations, express terms, implied terms and exclusions; Vitiating factors: mistake, illegality, duress, undue influence, misrepresentation; Privity and third parties; Discharge of a contract: performance, agreement, frustration and breach; Remedies for non-performance: damages, specific performance, injunctions, rectification; Limitations; Agency: creation, obligations, duties, termination. Tort Primary and vicarious liability; Negligence: duty of care, breach of duty, causation, remoteness; Damage: personal injury including nervous shock, damage to property, pure economic loss; Occupiers liability; Direct and indirect interference: trespass to land, trespass to goods, trespass to the person; public and private nuisance, the rule in Rylands v Fletcher; Defences: volenti non fit injuria, contributory negligence, statutory authority; Limitations; Remedies: damages, injunctions;

2 Course Information Evidence Types: oral, documents, real; Witnesses: competence, of fact, of opinion; Proof: burden and standards; Admissibility: privilege, best evidence rule, hearsay, parol evidence rule, secret evidence, judicial notice; Relevance: probative value related to the matter in question; Weight: balance or preponderance of evidence; Disclosure of documents; Procedure: pre-hearing, during a hearing. How is the course delivered? The course is delivered over a period of approximately seven months, with a combination of private study and face-toface tutorials. The course date advertised is the start date of the course when candidates will be required to start their private study of reading NOT when they attend tutorials. The face-to face tutorial dates are listed on the Course Schedule. How will I be assessed? Assessment of this course is split into three parts: Contract - assignment (10% of overall mark) + 2½-hour closed-book examination (40% of overall mark). Tort - assignment (5% of overall mark) + 1½-hour closed-book examination (25% of overall mark). Evidence - assignment (20% of overall mark). Details of the assessment are as follows: To pass the module, candidates must achieve a minimum of 55% in each of the two examinations and a minimum overall mark of 55%. Candidates who fail an examination will be required to re-sit that examination. The assignments are not on a pass or fail basis, they each contribute to the overall mark. Results are dispatched to candidates normally eight to twelve weeks from the date of the submission of the assignment or examination. What are the entry requirements? English Language Competence - CIArb training and assessment is carried out in English it is therefore essential that candidates are proficient in both written and spoken English. Where English is not a candidate s first language it is recommended that they have achieved a standard that is, as a minimum, equivalent to the International English Language Testing System (IELTS) level 7 or a score of in the Test of English as a Foreign Language (TOEFL) system. CIArb issues this advice as a guideline and, while it will not require any evidence of this standard prior to enrolment on a course, candidates who do not have this standard of English may be disadvantaged. What is the course fee and what does it include? The course fee is AED 10,000 (Ten Thousand United Arab Emirate Dirham). The fee includes registration on the course, the first attempt at the assessments, study materials, lunch and refreshments on each of the tutorial and examination days.

3 Course Information What happens when I register for the course? Upon successful registration, candidates will receive confirmation they are booked on the course. The designated CIArb Workbook for the course is Module 1 Law of Obligations and Civil Evidence, Pauline Makepeace 2014 and this will be issued to the Cohort on or before the course start date by . A copy of Contract Law, Catherine Elliott & Frances Quinn and of Tort Law, Catherine Elliott & Frances Quinn will also be provided. What is CIArb s policy on cancellation of courses? CIArb reserves the right to cancel or change the date, venue or content of programmes and the names of speakers, lecturers and tutors. Candidates will be provided with adequate notice of any change. If CIArb has to cancel a course, candidates will be provided with a full refund or the opportunity to transfer their registration to the next course. What is my next step when I complete the course? On successful completion of this course, candidates: may be eligible to claim CPD points if the course has contributed to members development, and evidence of participation is provided, it may count as part of the CPD requirement for CIArb, Solicitors Regulation Authority, Bar Standards Board, ACCA, CILEX, ICE and RIBA; may progress onto Module 2 of the Domestic Arbitration, International Arbitration or Adjudication pathway.

4 Course Schedule COURSE START DATE: 10 January 2016 The course is delivered over a period of approximately seven months, with a combination of private study and faceto-face tutorials. Private study includes reading course materials and undertaking assessments in candidates own time. Face-to-face tutorials involve candidates coming to Dubai to attend group tutorials to discuss the matters you have been studying and raise any queries or concerns. LAW OF CONTRACT DATE(S) 10/01/16 14/01/16 STUDY SCHEDULE PRIVATE STUDY: CIArb Workbook Contract Chapters 1 to 5 and Contract Law, Elliot & Quinn Chapters 1 to 6 & 13 The formation of a contract: o Offer and acceptance o Certainty o Intention to create legal relations o Capacity o Formalities o Consideration The rights and liabilities of third parties o Third parties 15/01/16-16/01/16 FACE-TO-FACE TUTORIAL [T1 & T2]] 17/01/16-11/02/16 PRIVATE STUDY: CIArb Workbook Contract Chapters 6 to 10 and Contract Law, Elliot & Quinn Chapters 7 to 12 Contents of a contract o Terms of the contract o Unfair contract terms Vitiating factors o Misrepresentation o Mistake o Illegality o Duress and undue influence 12/02/16 13/02/16 FACE-TO-FACE TUTORIAL [T3 & T4] 14/02/16 27/02/16 ASSIGNMENT 28/02/16 10/03/16 PRIVATE STUDY: Contract Law, Elliot & Quinn Chapters 14 & 15 Discharge and remedies o Discharge of Contract o Remedies 11/03/16 12/03/16 FACE-TO-FACE TUTORIAL [T5 & T6] 13/03/16 25/03/16 PRIVATE STUDY: Revision for Examination 26/03/16 EXAMINATION Contact Us: To register for the course or for more information, please contact For more

5 Course Schedule LAW OF TORT DATE(S) STUDY SCHEDULE 27/03/16 14/04/16 PRIVATE STUDY: CIArb Workbook Tort Chapters 1 to 8 and Tort Law, Elliot and Quinn Chapters 1, 2, 3, 16 & 17 Tort Law: an introduction Negligence: elements of the tort; causation, defences Joint and several liability Vicarious Liability 15/04/16 16/04/16 FACE-TO-FACE TUTORIAL [T7 & T8] 17/04/16 30/04/16 ASSIGNMENT 01/05/16 19/05/16 PRIVATE STUDY: CIArb Workbook Tort Chapters 9 to 11 and Tort Law, Elliot and Quinn Chapters 5, 11, 12, 13 & 18 Occupiers liability Nuisance The rule in Rylands v Fletcher Trespass to land Remedies in Tort 20/05/16 21/05/16 FACE-TO-FACE TUTORIAL [T9 & T10] 22/05/16 03/06/16 PRIVATE STUDY: Revision for Examination 04/06/16 EXAMINATION LAW OF EVIDENCE DATE(S) STUDY SCHEDULE 05/06/16 08/07/16 PRIVATE STUDY: CIArb Workbook Law of Evidence Chapters 1 to 7 Introduction Basic concepts and types of evidence The burden and standard of Proof Hearsay Privilege Witnesses Expert evidence 09/07/16 FACE-TO-FACE TUTORIAL [T11] 10/07/16 23/07/16 ASSIGNMENT Contact Us: To register for the course or for more information, please contact For more

6 Principal Tutor Profile PAULINE J MAKEPEACE LLB PGCE MCIArb FHEA, Accredited Mediator, Tutor in Law After obtaining her law degree, Pauline Makepeace spent 5 years in the construction industry dealing with contract administration. She then trained as a teacher in further and higher education and worked for 3 years at Reading College of Technology. Initially working part-time for the College of Estate Management she became a full-time tutor in January 1989 but reverted to part-time in Whilst she has taught many legal subjects her main areas of interests are contract, tort and dispute resolution. She is involved with the educational provision offered by the Chartered Institute of Arbitrators. She has regularly taught Module 1 in London and Dubai since She sits on the Education and Membership Committee, the Examination Board, and the Board of Management. She was involved with setting up the RICS training for Rent Review Arbitrators. She has been a member of the NAEA (now NFOPP) Examination Board since its inception in 1989 and has helped in the development of all of their training and assessment. Much of her spare time in Reading between 1991 and 2013 was taken up with helping to run a cinema. She is no longer so directly involved with this but still manages to see about 60 films a year. Any other free time she spends reading; mostly crime fiction interspersed with history and particularly political history.

7 Registration & Payment The Course Fee is AED 10, (Ten Thousand United Arab Emirate Dirham) and includes: Course Materials (Workbook issued via ); Face to Face Tutorials; Assignments and Examinations Payment is to be made via Bank Transfer to the following Account: Account Name: IBAN No.: CHARTERED INSTITUTE OF ARBITRATORS REP.OFFICE AE Account No.: Swift Code: HSBC Bank Middle East Limited Dubai U.A.E. BBMEAEAD The transfer should be referenced [your surname] M In all cases send an e mail (referenced [your surname] M Payment of Course Fees ) confirming the amount, date and reference of your payment, together with your contact details / a scanned copy of your business card to: Your place on the Course will be confirmed after payment is received and acknowledged.

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