This course is designed to provide an understanding of the relevant principles in the law of Tort and the law of Contract in the context of how disputes may arise and be resolved. The course is designed to consider both common and civil law jurisdictional principles to give a solid grounding to all practitioners. The 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 that affect matters in civil and commercial disputes in a variety of different jurisdictions. The course will take the form of Three (3) Tutorials (lectures/ presentations & online discussions). It is based on the content of a Workbook which will be collected after finalizing with the application process in advance.
This Course is for you if:
- You wish to go on to become qualified arbitrators, adjudicators or mediators.
- You are one wishing to understand this topic generally, and wishing to improve or refresh your knowledge of the more unfamiliar system of law.
- You wish to improve knowledge of Contract & Tort even if you will not participate at the exam.
- The course is a must for those who would like to progress to “Fellow” level after having achieved Member status and eventually attain qualification as a Fellow of CIArb.
What are the learning outcomes?
On successful completion of this course candidates will be able to:
- Explain relevant sources of law and demonstrate how these are used in common and civil law jurisdictions.
- Evaluate the nature and significance of the different types of obligations which can exist between parties; including the potential overlap between contractual and tortious claims.
- Evaluate and apply contractual and tortious remedies.
- Critically analyse a problem using the law of contract and the law of tort.
The Course content
Introductory matters
- The nature of law and its place in society.
- Sources of law: legislation, binding judicial precedent, custom, text books.
- The administration of justice: courts, tribunals, private methods of dispute resolution.
Contract
- Types of contract: simple and special; requirements as to form.
- The formation of a valid contract: offer, acceptance, consideration, intention to create legal relations; capacity, the concept of ‘cause/ causa’, the object of a contract.
- The content of a contract: formalities, representations, express terms, implied terms, exclusions, limitation of liability, indemnities, penalties and construction and interpretation.
- Vitiating factors: misrepresentation and fraud, mistake, illegality, duress, undue influence, unconscionability and frustration.
- Privity2 (contractual relationships) 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.
- Disputes: choice of law and choice of forum (separate handout).
Tort
- Primary and vicarious liability.
- Negligence: duty of care, breach of duty, causation, remoteness.
- Damage: personal injury including nervous shock, damage to property, economic loss.
- Occupiers’ liability.
- Direct and indirect interference: trespass to land, trespass to goods, trespass to the person; public and private nuisance.
- Defences: volenti non fit injuria, contributory negligence, statutory authority.
- Limitations.
- Remedies: damages and injunctions.
Course Assessment
Assessment of this module is by a
- Contract – a two –and-a-half (21/2)-hour closed-book examination (60% of overall mark).
- Tort – a one-and-a-half (1 ½)- hour closed book examination (40% of overall mark).
Currently, the examination is being offered over a 48-Hour at Home examination program.
In order to pass, you will be required to achieve an overall mark of 65%. This, however, increases to 65% pass mark if the assessments are taken virtually.
Successful candidates may progress onto Module 3 of the Domestic Arbitration pathway.
