Litigation pre-module reading
The litigation module
1. Civil litigation
• Tort of negligence
• E.g. case study relates to negligent advice given by a
professional
• Contract
• In relation to the sale of goods and supply of services
between businesses
2. Criminal litigation
• Theft and burglary
• Offences against the person
• Misuse of Drugs Act offences
• Public order offences
• Offensive weapons
3. Other areas
• The Human Rights Act 1998
• Clear understanding of court system
• Clear understanding of judicial process
• Basic understanding of the rules of evidence
Civil litigation
1. Tort of Negligence
• What is the tort of negligence?
• Winfield and Jolowicz on Tort -> the breach of a legal duty
to take care, which results in damage
• Elements
• The tort consists of three elements:
• 1 - The defendant must owe a duty of care to the
claimant -> there is an obligation upon the defendant
to take proper care to avoid causing injury to the
claimant in all the circumstances of the case
• The main areas in which the law recognises a
duty of care
• 3-step test in Caparo v Dickman
• Public authorities
• Pure economic loss
The litigation module
1. Civil litigation
• Tort of negligence
• E.g. case study relates to negligent advice given by a
professional
• Contract
• In relation to the sale of goods and supply of services
between businesses
2. Criminal litigation
• Theft and burglary
• Offences against the person
• Misuse of Drugs Act offences
• Public order offences
• Offensive weapons
3. Other areas
• The Human Rights Act 1998
• Clear understanding of court system
• Clear understanding of judicial process
• Basic understanding of the rules of evidence
Civil litigation
1. Tort of Negligence
• What is the tort of negligence?
• Winfield and Jolowicz on Tort -> the breach of a legal duty
to take care, which results in damage
• Elements
• The tort consists of three elements:
• 1 - The defendant must owe a duty of care to the
claimant -> there is an obligation upon the defendant
to take proper care to avoid causing injury to the
claimant in all the circumstances of the case
• The main areas in which the law recognises a
duty of care
• 3-step test in Caparo v Dickman
• Public authorities
• Pure economic loss
