Course Catalogue

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This course examines the law of Tort and Delict from a comparative perspective. Students will be exposed to contemporary discussions in Private Comparative law and key concepts such as the notion of legal cultures, legal transplants, and methodological aspects of the comparative exercise. This will provide the basis for a sophisticated and critical analysis of aspects that are key to understand the diversity of cultures of tort liability, the broader anatomy of tort and delict, and the relationship between tort and criminal law, not only across the common law/civil law divide and mixed jurisdictions, but also drawing examples from non-Western societies. This module also explores specific topics of Tort and Delict such as the relationship between fault-based liability and strict liability in different legal systems, the compensation of non-pecuniary losses, and vicarious liability. The practical aspects of how to design and develop an independent comparative project will also be discussed.

10 seminars (2h each) throughout semester 2.

This course is only available to LLB students. For students in the (LLB) Scots law programme, a prerequisite is to have achieved a pass mark in Obligations. For students in the (LLB) Common law programme, a prerequisite is to have achieved a pass mark in the Law of Tort. For visiting/ERASMUS students, any foundational course on Obligations, Extra-contractual liability, Civil liability, Tort, or equivalent will meet this requirement.

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The first assessment will be both formative and summative and consist in a 1,000-word essay (20%). The second summative will be a 4,000-word essay (80%).

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

First, this course aims to introduce students to the fundamental texts on comparative law theory and methodology, as well as key concepts such as 'legal cultures', 'legal traditions', and 'legal transplants'. This will give students the basic tools needed for any future comparative project they may wish to attempt, and/or the capacity to critically evaluate a comparative piece. A second objective of this course is to introduce students to current topics in comparative law, such as the culturalist/functionalist divide and new ways of overcoming this discussion and ways of combining these two approaches in practice. Furthermore, a third aim of the course is to provide the opportunity for a close analysis of key texts dealing with the broader issues of cultures of tort liability, the anatomy of tort and delict, and the relationship between tort and crime across different legal systems. Fourth, this module aims to help students develop an understanding of the key differences/similarities found across jurisdictions in specific areas of tort law such as fault-based liability, strict liability, vicarious liability, and compensation of non-pecuniary losses. Lastly, the course aims to introduce students to a wider range of perspectives beyond Western legal systems, thus allowing them to engage with relevant legal developments emerging from other parts of the world.

By the end of this course students will be able to:

■ Identify and critically evaluate the main doctrinal trends in contemporary comparative law.

■ Explain and apply key concepts of comparative law methodology to any basic comparison of two or more different legal systems.

■ Critically assess and reflect on the diverse configuration of specific topics of tort and delict across different legal systems. 

■ Develop a nuanced understanding of the diversity of tort law cultures found around the world, and the interaction between this area and neighbouring fields such as criminal law.

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.