*Deakin, Johnston & Markesinis, Markesinis & Deakin s Tort Law, Oxford University Press, 6 th ed, 2008.

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1 SCHOOL OF LAW Year 2011/2012 Term 2 LAW 105 Law of Torts Instructor: Low Kee Yang Associate Professor of Law Rm 4005, LKCSB Bldg , kylow@smu.edu.sg A. COURSE DESCRIPTION The course examines general principles of the law of torts - a field of law that deals with harm to persons, to personal and real property, and to one s economic interests. A major focus of the course is on the law of negligence. In addition, the course deals with intentional harm, breach of statutory duty, economic torts and defamation, amongst other topics. The course emphasizes the range of interests protected by law as well as the mental element and conduct with respect to the tortfeasor (intentional, negligent and strict liability). Tort law is a dynamic area of the law and presents interesting and controversial issues of social and economic policy. Courts perform the delicate task of deciding when a person should be compensated and when he should bear the loss himself. B. PRE-REQUISITE N.A. C. RECOMMENDED TEXT AND READINGS Recommended Text *Deakin, Johnston & Markesinis, Markesinis & Deakin s Tort Law, Oxford University Press, 6 th ed, Recommended Case book *Lunney & Oliphant, Tort Law: Text & Materials, OUP, 4 th ed, 2010 (* Both books will be available from the bookshop from mid-december Please buy M & D as it will be the textbook; I also strongly encourage you to buy L & O and it gives short and succinct excerpts from key cases, legislation and articles. Gary Chan s book [see below] is also a useful reference as it is a Singapore text.) 1

2 Suggested References Gary Chan, The Law of Torts in Singapore, Academy Publishing, J Murphy, Street on Torts, Oxford University Press (OUP), 12 th edition, WVH Rogers, Winfield & Jolowicz on Tort, London: Sweet & Maxwell, 18 th ed, Richard Kidner, Casebook on Torts, OUP, 10 th ed, Clerk & Lindsell on Torts, Sweet & Maxwell, Michael Jones, Textbook on Torts, 9 th Ed, Journal Articles, local cases You will be referred to supplementary materials (especially local cases) from time to time. Singapore cases may be accessed via LAWNet as well as the Supreme Court websites. D. ASSESSMENT METHOD Course assessment: Class Participation 10 % Nutshell report (oral) 10 % Group presentation Oral (individual grade) 15 % Written (group grade) 15 % Mid-Term 10 % Final Exam 40 % The nutshell report is an individual oral report. Each of you will have one opportunity to present a certain sub-topic or court decision to the class for 5 to10 minutes and field questions and comments for another 5 minutes. The nutshell report is a quick summary on the subject, together with some observations or comments. The report should be short and concise. As a reporting aid, you may use either the whiteboard or the visualiser (about 3 pieces of slides ); no laptops or Powerpoint please. The use of diagrams is encouraged. The group presentation has an oral and a written component. For the oral, you will be graded individually; for the written, a collective grade is given. There is no limit as to the number of Powerpoint slides to aid in your presentation but please be relevant and time-conscious. Each presentation usually lasts about 45 minutes (of which Q & A takes about 15 to 20 minutes). The written presentation should be no more than 5 pages, single-spaced, Times New Roman size 12, and is to be handed in at the time of the oral presentation. There will be 10 presentations. Each group will have 3 to 4 members. You may form your own groups (but please make sure there are 10 groups). The topic allocations will be done during our first class, taking into account your group s preferences. The final examination will be a 3-hour open book examination, of which the first half an hour is reading time. You can bring in anything except laptops and communication devices. The paper will consist of hypothetical problems as well as an essay question. 2

3 Please be reminded that SMU upholds academic integrity. All acts of academic dishonesty (including, but not limited to, plagiarism, cheating, fabrication, facilitation of acts of academic dishonesty by others, unauthorized possession of exam questions, or tampering with the academic work of other students) are serious offences. All work (whether oral or written) submitted for purposes of assessment, except the group written presentation which is a collaborative effort, must be the student s own work. Penalties for violation of the policy range from zero marks for the component assessment to expulsion, depending on the nature of the offence. When in doubt, students should consult me. Details on the SMU Code of Academic Integrity may be accessed at E. COURSE METHODS Each week comprises 4.5 hours of contact time (3 hour session and a 1.5 hr session). There are 12 teaching weeks (weeks 1-7; weeks 9-13) followed by a revision week in week 14. Recess is in week 8. The final exam is in week 15. The course will be taught in the seminar style. You are encouraged to participate actively in class; in so doing, you will learn more and enjoy the course more. F. TOPICS AND COURSE SCHEDULE Week 1 Introduction to the Law of Torts. Goals of tort law. Interface of crime, tort and contract. Anatomy of a tort. Categorisation of torts. Fault and strict liability. Analytical overview of tort law. Week 2 Intentional interference with the Person: Assault, Battery, False Imprisonment, Wilkinson v Downton, privacy and harassment Week 3 Presentation 1: Intentional interference with the person Negligence 1. Overview of the law of negligence. Historical introduction. Elements of tort of negligence. Duty of care: tests and approaches 2 stage, 3 stage, Spandeck. Incrementalism. Concurrent liability in contract and tort Week 4 Presentation 2: Negligence 1 - Spandeck 3

4 Negligence 2. Duty of care (contd). Kinds of harm. Physical injury, damage to property. Nervous shock. Economic loss negligent misstatement, defects in buildings. Acts and omissions. Special defendants Week 5 Presentation 3: Duty of care wrongful birth Presentation 4: Physical injury, nervous shock Negligence 3. Breach of duty. Standard of care. Factors determining standard. Professionals and industry standards. Proof of breach, res ipsa loquitur Week 6 Presentation 5: Standard of care, breach of duty Negligence 4. Causation: factual causation, but-for test, multiple causes, intervening acts. Remoteness of damage. Week 7 Mid-term test: Tort of Negligence Negligence 5. Defences to negligence: consent, contributory negligence, illegality Breach of statutory duty Week 8 Recess Week 9 Presentation 6: Breach of statutory duty Torts relating to land. Trespass to land. Nuisance. Rylands v Fletcher. Occupier s liability. Liability for animals. Week 10 Presentation 7: Torts relating to land Defamation 1. Elements of defamation. Defences Week 11 Presentation 8: Defamation Defamation 2. Defences (contd). Remedies Privacy Week 12 Presentation 9: Defamation qualified privilege and the Reynolds privilege 4

5 Economic torts. Inducing breach of contract. Other forms of interference with contract. Inducing breach of other obligations/duties. Intimidation. Interference by unlawful means. Deceit. Injurious falsehood. Passing off Week 13 Presentation 10: Economic torts Liability for torts. Vicarious liability. Joint liability. Liability for agents. Liability of directors for corporate torts. Miscellaneous aspects: limitation of action, general defences, remedies. Week 14 Revision Week 15 Examination Tort Law is challenging but also very interesting and relevant. I hope you enjoy the course and I look forward to meeting you! Low Kee Yang 5