A. COURSE DESCRIPTION

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SCHOOL OF LAW Year 2013/14 Term 1 LAW 105: TORT LAW J.D. STUDENTS SECTION INSTRUCTOR: DAVID N. SMITH PRACTICE PROFESSOR OF LAW Tel: 6828 0788 Email: davidsmith@smu.edu.

1 SCHOOL OF LAW Year 2013/14 Term 1 LAW 105: TORT LAW J.D. STUDENTS SECTION INSTRUCTOR: DAVID N. SMITH PRACTICE PROFESSOR OF LAW Tel: davidsmith@smu.edu.sg Office: School of Law: level 4, room 4044 A. COURSE DESCRIPTION Tort law is concerned with negligent or intentional interference with a person s physical or emotional well-being, reputation, property interests, or economic interests. (In some cases strict liability may be imposed even in the absence of a showing of negligence or intent.) Tort law is also concerned with interference with a company s (or other entity s) reputation, property, or economic interests. If A suffers a loss as a result of B s negligent or intentional interference, A can sue B in tort and recover money damages to compensate for the loss (unless B can show that he or she has a valid defence). In some cases A may be able to seek a court order prohibiting B from continuing harmful activity (for example, noxious fumes emanating from B s property). In some instances such as in the case of a product that harms a consumer (a defective automobile, for example), the consumer may be able to sue the manufacturer and/or retailer in contract as well as tort. In some situations A may be able to sue B in tort and, at the same time, the state may bring a criminal action (where B has assaulted A, for example). In some cases of damage to property, property law may be relevant (for example, issues of ownership or control). In areas such as defamation and invasion of privacy, constitutional or human rights doctrines may be invoked. Tort law is one of the liveliest areas of the law and presents some of the most difficult challenges in balancing competing policy considerations. In areas such as pure economic loss (where A alleges that B caused him or her to lose money or property without attendant physical loss), emotional (psychiatric) harm, invasion of privacy, defamation, occupier s liability, and vicarious liability (e.g., attributing an employee s wrongdoing to his or her employer without direct fault of the employer) the law of torts has been evolving in various jurisdictions. In this course we will examine tort law developments in Singapore and compare them, at various points, with developments in the U.K., the U.S., Canada, Hong Kong, Australia and other common law jurisdictions. English tort law, of course, stills serves as a point of reference for the law of torts in Singapore. We will examine the policy analyses of 1

2 courts in adopting, expanding, modifying or rejecting various tort law doctrines and how, in some instances, economic analysis is used in imposing, or not imposing, tort liability. We will see why, in some cases, Singapore and English tort law have followed different directions and how tort law in other jurisdictions have developed differently from tort law in Singapore. Finally, tort law is not just an after-the-fact phenomenon. Lawyers play a major role in advising companies and others on risk reduction and setting standards of behaviour. Potential tort liability of companies and other institutions and how to avoid it constitute one part of that picture. The course will begin with the law of negligence, which occupies a very big part of overall tort law. Negligence doctrine involves such issues as foreseeability, duty of care, and contributory negligence. Intentional torts will be examined later in the course. These include, for example, defamation, invasion of privacy, and economic torts such as fraud and misrepresentation and interference with the economic interests of another. We will also look at breaches of statutory duty (when someone can bring a private tort action pursuant to a regulatory or criminal law) and strict liability (where, in theory, at least, neither negligence nor intent has to be proved). As we look at the evolution and content of tort law, we need to think about when it is in the best interests of society to shift the burden of a particular loss to someone other than the injured party, and when it is not in the best interests of society to do so. What principles can help us (and courts) in deciding? An outline of the course with specific assignments from the textbook and specific case assignments will be sent to the class before the semester begins. I look forward to being with you and exploring this dynamic and constantly evolving area of the law. B. PRE-REQUISITE/ CO-REQUISITE/ MUTUALLY EXCLUSIVE COURSE(S) NA C. RECOMMENDED TEXT AND READINGS Required text J Murphy, Street on Torts, Oxford University Press, 13 th edition, Note: Singapore and English cases, and cases from other jurisdictions, will be assigned by the instructor and will either be handed out or will be accessible from appropriate websites. Occasionally relevant law review articles and commentary will be assigned. The following are casebooks and textbooks available in the Library that you may wish to refer to from time to time. 2

3 Textbooks Gary Chan, The Law of Torts in Singapore, Academy Publishing, Markesinis & Deakin s Tort Law, Oxford University Press, 7 th edition W.V.H. Rogers, Winfield and Jolowicz on Tort, London: Sweet and Maxwell, 18 th edition, 2010 Casebooks (a) Lunney & Oliphant, Tort Law: Text & Materials, Oxford University Press 4 th edition (b) Tony Weir, A Casebook on Tort, London, Sweet & Maxwell, 2006 (c) Hepple & Mathews, Casebook on Torts, 6 th edition 2009 D. ASSESSMENT METHOD The percentages for assessment components are as follows: Class Participation 15% Team project (a) Individual presentation: 10% (b)group submission 15% Mid-Term Exam 10% Final Exam 50% The final examination will be conducted on an open-book basis and the duration will be 3 hours, of which the first 20 minutes is reading time. The exam is likely to consist of a hypothetical problem as well as one or two essay questions which test (1) the student s understanding of concepts, theories and policies in the law of torts (2) the ability to analyse and discuss problems, concepts, theories and policy issues, and (3) the ability to compare tort theory and principles across jurisdictions. IMPORTANT NOTE ON ACADEMIC INTEGRITY: Academic honesty must always be maintained. All acts of academic dishonesty (including, but not limited to plagiarism, cheating, fabrication, assisting others in dishonest undertakings, unauthorized possession of examination papers, or tampering with the academic work of other students) are serious offences. All work (whether in written or oral form) submitted for purposes of assessment must be the student s own work. Penalties for violations of policies range from zero marks for the component assessment to expulsion, depending on the nature of the offence. 3

4 When in doubt, a student should consult with his or her instructor. Details of SMU s Code of Academic Integrity may be accessed at E. COURSE METHODS Each week comprises 4.5 hours of contact time (3 hour weekly seminar and a 1.5 hour weekly seminar). There are 12 teaching weeks (weeks 1-7; weeks 9-13) followed by one student revision week in week 14. Part of week 7 will be the mid-term exam. Recess week is week 8. The final exam is in week 15. The course will generally be conducted in a seminar-, Socratic-method style, with active class participation, in which cases and problems, tort law policy and hypothetical situations are discussed. Assigned readings will be of a manageable length. Preparation for class (doing all the assigned reading) is essential. Comparisons between the law of Singapore and other Commonwealth and non- Commonwealth jurisdictions will be made and students will be asked to explain (a) why and how these laws may differ and (b) the underlying policies and factors leading to different results. Tort law as it applies in the business context will be given special attention and the emerging transnational aspects of tort law will be given attention. F. LIST OF TOPICS (and sub-topics) Reading assignments will be from the Street text plus handouts or assigned cases and articles. As noted above, a more detailed outline with reading assignments will be made available before the term begins. For those of you who want to begin tonight, read Street, from bottom of page 7 top of page 10; bottom of page 15 page 20. The following is a list of topics to be dealt with in class. The dates and time allocation are tentative and will be adjusted in light of dates set for presentations. Week 1 Week of January 6 Introduction to Law of Torts and Tort Law Policy; history of tort law where does it come from? -- and some relations between tort law and the law of contracts, criminal law, property law, and constitutional law Weeks 2-5 Weeks of January 13, January 20, January 27, February 3 The Law of Negligence (negligent invasion of person, property, economic interests; the concept of recognized harms ): duty of care and proximity, standards of care (includes professional duty and standards of care particularly in the medical, accounting, legal, and finance professions), and breach of duty, causation, remoteness of injuries; defences, including contributory negligence and assumption of risk); can tort liability be avoided by contract?); pure economic loss, psychological damage; acts and omissions ; damages; judicial approaches to containing or expanding the law of torts; incrementalism. Includes discussion of leading English cases of Anns and Caparo and leading Singapore case of Spandeck. (A breakdown of topics for each of the 4 weeks will be provided.) 4

5 Week 6 Week of February 10 (Intentional) Invasion of Privacy, Harassment, and other Interference with the Person (assault, battery, false imprisonment). (Is there a right of privacy in Singapore? Is there legal protection from sexual harassment?) Week 7 Week of February 17 Mid-term Exam + Concept of Strict Liability; Product Liability (Are regional or international common standards for product liability needed?); Breach of Statutory Duty (Does a particular criminal or regulatory statute create a private right of tort action?) Week 8 Week of February 24 Recess Week 9 Week of March 3 Interference with Land (A causing harm to B s land) (Nuisance, Negligence, Trespass to Land, the doctrine of Rylands v Fletcher and strict liability); physical and environmental damage to another s property. Occupier s Liability (A s liability to B who comes A s defective premises or negligence) onto A s property and is injured due to Week 10 Week of March 10 Interference with Reputation (Law of Defamation). How does defamation law differ in Singapore, U.K., and U.S.? ; the elements of defamation and the defences available -- 2 weeks Week 11 Week of March 17 Law of Defamation continued. Week 12 Week of March 24 5

6 Interference with Economic Interests (Economic Torts) What are the legal limits of competitive acts in the market place that may damage another s business or business reputation? Week 13 Week of March 31 Vicarious Liability, Joint Torts, Liability of Company Directors and Accessories to Torts When is a person liable for the tortuous acts of another? When are two or more parties liable? Week 14 Revision Week Week 15 Final Exam The End 6

OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS. CEPL Substantive Law: TORTS

OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS CEPL 25070 Substantive Law: TORTS Text: Emily Lynch Morissette, Personal Injury and the Law of Torts for Paralegals, Fourth Edition, Wolters Kluwer. Faculty: