Last modified: 27 Feb 2018 17:23
Those operating in the dispute resolution field need to understand some of the legal principles which underpin activity in this area. This course covers the main principles of contract law (which underpins the negotiation, arbitral and mediation contracts) tort/delict (which can be a basis for liability as an alternative to contract in arbitral proceedings) and some of the rules of civil evidence (which can apply in arbitration, with some implications around privilege and confidentiality for negotiation and mediation).
| Study Type | Postgraduate | Level | 5 |
|---|---|---|---|
| Term | First Term | Credit Points | 45 credits (22.5 ECTS credits) |
| Campus | Online | Sustained Study | No |
| Co-ordinators |
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This course covers the basic principles of law which are applicable in negotiation, mediation and arbitral practice. The course is divided into four general areas covering: Legal System and Sources, Contract Law, Reparation Law (Tort/Delict) and Aspects of Civil Evidence. These subjects are taught from a UK perspective, providing a grounding in common law jurisprudence in these areas. The following topics are examples of those included in this course
The Legal System of the UK
Sources of Law
Formation of Contract
Interpretation of Contracts
Breach of Contract
Remedies for Breach of Contract
Duty of Care in Tort/Delict
Breach of Duty of Care
Causation and Remoteness of Damage
Burden and Standard of Proof in Civil Cases
Evidential Rules around Testimony
Expert Evidence
Privilege and Confidentiality
Information on contact teaching time is available from the course guide.
Online interaction - 20% of the overall grade; Coursework - 40% of the overall grade; Exam- 40% of the overall grade.
Students may resit the examination and/or coursework assessment, as directed by the course co-ordinator, where non-submission or failure is due to good cause. In such a case, the resit is treated as a first diet.
Where no good cause exists, students may resit the examination and/or coursework submission, as directed by the course co-ordinator, in respect of only one course per academic year of study. In such a case, the grade is capped at a D3.
There are no assessments for this course.
Feedback will be provided on all online activities and coursework submissions, as a matter of routine. Students will have the opportunity for feedback on examination performance. Students will be encouraged to use feedback in future assessments. Areas for improvement will be identified.
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