JDOC1005 & JDOC1006

General Course Information

1.1 Course details

Course code: JDOC1005 & 1006
Course name: Law of Tort I & II
Programme offered under: JD Programme
Semester: Full year
Prerequisites / Co-requisites: No
Credit point value: 6 credits + 6 credits

1.2 Course description

Tort is one of the first subjects undertaken in the JD degree. Along with contract and unjust enrichment (also referred to as restitution), it forms part of the law of obligations, which covers the situations in which one person may be liable to another person in private (or civil) law. In tort, that liability is, generally, to pay damages as compensation for a rong The law of tort defines the circumstances in which an individual incurs responsibility for conduct that the law classifies as rongful In this sense, tort may be regarded as the private law equivalent of criminal law, which is, however, generally enforced against individuals by the State, rather than by another individual.

Private law extends beyond the law of obligations to include the law of property and the law of succession. Historically, it may have included much more than this (for example, it could be regarded as having included family law). A common aspect of the development of private law is that, in origin it was the creation of the common law courts, and therefore found, primarily, in case law.

Case law remains an important source of tort law, but, as with most other areas of law today, statute law now overshadows much of it, and this is likely to increase further in the future. A study of tort law is still, however, an excellent vehicle for the study of common law method. Students who study this course will, therefore, be required to read closely a number of cases and statutes for every seminar.

While the formal legal sources of tort law are easy to identify, the policies underlying the law, which focus on the role that tort plays in society, are extremely controversial. An understanding of these controversies is essential for a thorough knowledge of tort law and of the way in which it is developing globally in the twenty-first century.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor (first semester) David Kwok davkwok@hku.hk CCT 814 By email
Course convenor (second semester) John Murphy TBA TBA By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Identify the situations in which liability in tort arises and how that liability differs from other sources of legal obligation;

CLO 2 Explain the rules and principles of the most important torts, and the remedies available for their breach;

CLO 3 Apply the principles of tort law in the solution of legal disputes;

CLO 4 Weigh up the fundamental theories of tort law; the functions tort law serves within society; the viability of alternative regimes; and proposals for the reform of tort law;

CLO 5 Appraise the directions in which tort law is developing globally, including the impact of emerging human rights norms on tort law;

CLO 6 Make use of the primary and secondary sources of tort law.

2.2 JD Programme Learning Outcomes (PLOs)

Please refer to the following link: https://course.law.hku.hk/jd-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4
CLO 5
CLO 6

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Mid-term exam (1st semester) TBC 40% 1, 2, 3, 4, 5, 6
Final exam (2nd semester) TBC 60% 1, 2, 3, 4, 5, 6
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Lecture: 3 hours / week for 12 teaching weeks
Private study time: 9.5 hours / week for 12 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/