Course Catalogue

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This course permits advanced study of the law of negligence, building on the foundational knowledge students will have developed in Obligations 1A or the Law of Torts. The first half of the course will discuss general conceptual matters; the second half will apply those concepts to specific practical contexts. This might include, indicatively, professional negligence, the liability of public authorities, and negligence in banking and commercial contexts.

10 x 2-hour seminars

LLB students (Scots Law and Common Law) and visiting students.

None.

None.

The course is assessed by two forms of pieces of coursework:

1. Counsel's opinion: a 2000-word opinion on a complex negligence scenario. This will require students to evaluate:

i) The legal basis for any claims

ii) The strength or weakness of any claim based on the provided facts, identifying strong, weak, or uncertain legal or factual arguments.

iii) The relevance of any policy considerations bearing on the likely development or application of the applicable legal principle.

Risk assessment memo: a 2,000-word memorandum prepared from the perspective of a senior legal adviser. Students must evaluate, in relation to a particular scenario, the potential legal implications of a proposed course of action (or inaction).

Negligence claims form the backbone of civil litigation, and competent handling of these cases protects clients, advances access to justice and holds professionals and institutions accountable. Through case analysis, practical problem-solving, and critical engagement with emerging negligence issues, students will develop the analytical rigour and strategic thinking essential for effective advocacy.

The course equips students to understand and apply negligence law in the contexts where it matters most. Students will engage in investigative learning that emphasises real-world application, policy critique, and ethical professional judgment. This course prepares students to be thoughtful practitioners and advisors who can address both traditional and novel negligence issues with confidence and sophistication.

By the end of this course students will be able to:

1. Evaluate complex negligence claims across diverse professional and institutional contexts, identifying and assessing the merits of arguments relating to duty, breach, causation, remoteness, defences, and remedies.

2. Analyse the interplay between principles of the law of negligence and policy considerations in evolving areas of liability.

3. Formulate strategic legal arguments and advocacy positions in negligence cases, integrating doctrinal analysis with practical considerations.

4. Critique judicial reasoning and statutory interventions in negligence law, assessing their implications for litigants.

5. Apply negligence principles to realistic case scenarios, demonstrating professional judgment in advising clients and resolving practical liability issues.