UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


REGULATION AND TORT (LAWSG145)
Credit value: 15 credits (6 ECTS)
Module Convenor:
Professor Maria Lee
Other Teachers:
Professor Paul Mitchell
Intercollegiate teaching: No
Teaching Method: 10 x two-hour seminars
Who may enrol: LLM students, Other UCL Masters students
Prerequisites: None
Barred module combinations: None
Core module for specialism: Public Law, Legal History, Environmental Law and Policy
Assessment
Practice Assessment: 1,500 word practice essay
Assessment method for UCL Master students: 3,000 word coursework essay
Module Overview

Module summary

This module explores the relationship between regulation and tort. Public or collective goods (such as industrial health and safety, food safety, environmental protection, the security of the economic system) are generally addressed by complex and more or less comprehensive systems of state and supranational regulation. But this is also the realm of private law, since individual rights or interests (eg property, physical integrity, amenity) may be affected by the regulation itself or by a regulated activity. This modules examines what happens when these areas of law meet, particularly how the regulatory decision should feed into the determination and protection of rights and interests in private law. The interface between tort and regulation is rarely examined in legal scholarship or legal practice. But in an increasingly heavily regulated world, it is crucial.

Module syllabus

What is regulation? - What is tort? - Workmens’ compensation - Industrial litigation - Products safety and products liability - Financial interests: gambling - Emerging technologies: transport and GMOs - Land use: nuisance and permitting - The media and privacy

Recommended materials

There is no single text book for this module; students will be expected to read from a range of primary and secondary material. Students will find it useful to refer to Lunney and Oliphant, Tort Law: text and materials (OUP, 2010, 4th edition)

Preliminary reading

Don’t worry if you don’t get through all of this, and note that the full reading list will be available on moodle well before the end of term 1.

Maria Lee, ‘Safety, regulation and tort: fault in context’ (2011) 74 MLR 555

Paul Mitchell, ‘Problem Gambling and the Law of Negligence’ (2010) Torts Law Journal 1

Lunney and Oliphant:

Chap 1 section II only (Tort theory)
Chap 8 (pure economic loss)
Chap 11 section III only (product liability)
Chap 12 (nuisance)
Chap 14 (privacy)

Other information

Note that you do not need a common law background in order to take this course, although we will use and analyse English law in most cases.

Prizes for this module: There are currently no prizes available for this module.


APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now open.

Please refer to the How to apply section for information on the application process.