THE UNIVERSITY OF HONG KONG
FACULTY OF LAW
2023-24
LAW OF TORTS
JDOC1005 – LAW OF TORT I
JDOC1006 – LAW OF TORT II
COURSE OUTLINE
This Course Outline applies to Law of Tort I and Law of Tort II.
Course Convenor:
John Murphy
ABOUT THE COURSE AS A WHOLE
The Law of Torts is a full-year subject, with JDOC1005 Law of Tort I
taken in Semester One, and JDOC1006 (Law of Tort II) in Semester Two.
A final grade will be awarded for both Law of Tort I and Law of Tort II.
The final grade will be achieved via a pro-rata combination of grades
awarded for each of the assessment components (see below).
COURSE LEARNING OUTCOMES
The course is designed in such a way that, with effort, you can achieve
the learning outcomes listed below. Note that this statement of course
learning outcomes represents a minimum. This learning outcomes
statement should certainly not be understood as placing limits on your
learning. You may find that you can achieve more than is mentioned here.
KNOWLEDGE
You should be able to understand the rules contained in, and the
rationales that underpin, tort law.
SKILLS
At the end of the course, students will be expected to be able to:
argue in a logical and persuasive manner;
resolve tort problems using primary sources;
understand the importance of case law and legal texts within the
context of tort;
offer compelling critiques of controversial aspects of the law.
SEMESTER ONE – LAW OF TORT I
This part of the course, for the most part, explicates:
(i) the law of torts in outline;
(ii) the (necessarily selective) structure of this course;
(iii) the common law of negligence;
(iv) the statutory rules governing occupiers’ liability.
The final session of the semester will be devoted to preparation for the
end of semester exam.
SECOND SEMESTER – LAW OF TORT II
In this semester, several further substantive torts as well as a number of
other key tort doctrines will be covered.
In particular, the semester’s teaching will address the following:
(1) Intentional Torts against the Person
(a) Trespass torts (ie, battery, assault and false imprisonment);
(b) Intentional infliction of harm;
(c) Harassment.
(2) Land-Based Torts
(a) Private Nuisance;
(b) Public Nuisance;
(c) The Rule in Rylands v Fletcher
(3) Vicarious Liability and Non-Delegable Duties
(4) General Defences in Tort
(a) Illegality;
(b) Consent and volenti non fit injuria
(5) Remedies
(a) damages;
(b) contributory negligence;
(c) injunctions.
ASSESSMENTS
1. End-of-Semester One Exam
An in-hall exam, comprising one essay and one problem question (both of
which will reflect the work covered in Semester One).
40% of final grade
2. End-of-Semester Two Exam
An in-hall exam, comprising three answers from five choices. Answers
must include at least one problem (from Section A of the paper) and at
least one essay (from Section B of the paper).
60% of final grade.
MOODLE PAGE
It is important that you check Moodle regularly. It will grant you access
to:
documents that accompany the classes,
sample problem and essay questions to be discussed in class;
other bits of periodic information (eg, about possible timetable
changes or new cases).
TEXTS AND MATERIALS
In relation to textbooks, no single book is ever perfect. The law slowly
but steadily moves on so textbooks inevitably become dated over time
and fail to reflect accurately, the law as it stands.
Also, different authors have different styles. Thus, although every decent
textbook will provide a largely accurate account of the diverse body of
rules that go to make up the law of torts, they tend to do so in different
ways, some giving chief prominence to aspects A, B and C while others
concentrate more on aspects X, Y and Z. Some go into the n th degree of
detail while others offer more basic treatment. Finally, some authors may
offer critiques of certain doctrines or cases that other authors happen to
favour.
For all of these reasons it is recommended that you “dip in” to a few of
the books mentioned below and decide for yourself which book best suits
you when it comes to purchasing one. Different students have different
needs and aspirations.
Factors it is recommended that you bear in mind are the following:
(i) How up to date is the book?
(ii) How detailed is the book’s analysis?
(iii) How well does the book read (in your view)?
With that said, I suggest that you explore the following:
NJ McBride and R Bagshaw, Tort Law (Pearson, 2023) (forthcoming)
[You’ll need to look at the previous edition if this isn’t printed by the time
you start having a look at textbooks.]
C Witting, Street on Torts (OUP, 2021)
J Goudkamp and D Nolan, Winfield and Jolowicz on Tort (Sweet and
Maxwell, 2020)
R Glofcheski, Tort Law in Hong Kong (Sweet & Maxwell 2022)
John Murphy
August 2023
