Last modified: 23 Jul 2024 10:59
This course introduces students to two of the key branches of the Scots law of obligations, namely Delict (which governs legal liability for situations such as the negligent infliction of harm upon others, or liability for breach of privacy) and Unjustified Enrichment (which is concerned with questions such as, if I pay you money in error, am I entitled to demand that you return it?). The course will be taught primarily by means of lectures and tutorials.
| Study Type | Undergraduate | Level | 1 |
|---|---|---|---|
| Term | Second Term | Credit Points | 15 credits (7.5 ECTS credits) |
| Campus | Offshore | Sustained Study | No |
| Co-ordinators |
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This course provides students with a knowledge and understanding of the key features of the law of unjustified enrichment and delict in Scots law. In particular, it considers the function and structure of the areas of law under discussion. The course will consider such topics as different forms of unjustified enrichment, the key principles of the law of negligence and breach of statutory duty, deliberate wrongs (including defamation and the intentional economic delicts), the law of damages and law of prescription and limitation as pertains to delict.
| Description | Value |
|---|---|
| Students are required to buy the set course textbooks and necessary IT equipment to participate in the course. | 0.0000 |
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 40 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Feedback to be provided via MyAberdeen within standard three weeks |
Word Count | 1000 | |
| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
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| Assessment Type | Summative | Weighting | 40 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
48-hour online, open book exam Feedback to be provided via MyAberdeen within standard three weeks |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
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| Assessment Type | Summative | Weighting | 20 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
Available for 48 hours with 2 hours to complete Feedback to be provided via MyAberdeen within standard three weeks. |
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| Knowledge Level | Thinking Skill | Outcome |
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There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
|---|---|---|---|---|
| Assessment Weeks | Feedback Weeks | |||
| Feedback |
The re-sit diet will consist of an exam counting for 100% of the overall course mark. It will not be possible to carry forward a mark from one of the above elements of assessment to the re-sit diet. Feedback to be provided via MyAberdeen within standard three weeks. |
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
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| Knowledge Level | Thinking Skill | Outcome |
|---|---|---|
| Procedural | Analyse | Read and discuss legal materials written in technical and complex language |
| Factual | Evaluate | Distinguish the relevant from the irrelevant |
| Factual | Create | Bring together information and materials from a variety of sources |
| Factual | Create | Produce a synthesis of relevant doctrinal and policy issues in relation to a topic |
| Conceptual | Evaluate | Make a critical judgement of the merits of particular arguments and achieve a reasoned choice between alternative solutions |
| Conceptual | Analyse | Think at a conceptual level |
| Reflection | Evaluate | Reflect on their own learning |
| Reflection | Analyse | Seek and make use of feedback |
| Procedural | Apply | Communicate effectively orally and in writing |
| Procedural | Create | Present knowledge and a sustained argument in a way that is comprehensible to others and adapt this to suit a range of audiences. |
| Factual | Understand | Knowledge and Understanding: The manner in which a wrongdoer may be held liable and the concepts of several, joint and several and vicarious liability. |
| Factual | Understand | Knowledge/understanding : - Rules of liability for fault or culpa at common law. - Liability for unintentional wrongdoing and the associated concepts of duty of care, causation/remoteness of damage |
| Factual | Understand | Rules of liability for fault or culpa at common law, including: The special problems posed for the law by issues such as pure economic loss, the activities of public bodies and psychiatric injury. |
| Procedural | Understand | Knowledge and Understanding: The defences of contributory negligence, ex turpi causa non oritur actio and volenti non fit iniuria, and prescription and limitation as the same pertain to delict. |
| Conceptual | Understand | The principles governing the assessment of damages in personal injury cases, including liability to the family of the victim, and how to apply those principles to the facts of a given case. |
| Factual | Remember | The principles governing the assessment of damages in personal injury cases, including liability to the family of the victim, and how to apply those principles to the facts of a given case. |
| Factual | Remember | Delicts involving interference with property, reputation and bodily integrity. |
| Conceptual | Understand | Knowledge and Understanding: Intentional economic delicts. |
| Conceptual | Understand | Knowledge and Understanding: The function and structure of the law of unjustified enrichment. |
| Factual | Analyse | The distinction between cases of deliberately conferred enrichment and other cases of enrichment. |
| Factual | Understand | Individual causes of action in cases of deliberately conferred enrichment, in particular the condictio indebiti and the condictio causa data causa non secuta, the condictio ob turpem vel iniustam caus |
| Factual | Understand | Knowledge and Understanding: Remedies and the measure of recovery. |
| Factual | Apply | Students will be able to apply their knowledge to specific legal problems of a complex nature and evaluate various approaches to common legal problems. |
| Procedural | Remember | Identify and retrieve up-to-date legal information using paper and electronic sources |
| Factual | Remember | Use primary and secondary legal sources |
| Procedural | Apply | Act independently in undertaking tasks in areas of law already studied |
| Procedural | Create | Undertake independent research in areas of law not previously studied starting from standard legal information and read and discuss legal materials written in technical and complex language. |
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