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Session: 2022/23

Last modified: 30/03/2022 19:03:57

Title of Module: Delictual Liability

Code: LAWW07021 SCQF Level: 7
(Scottish Credit and Qualifications Framework)
Credit Points: 20 ECTS: 10
(European Credit Transfer Scheme)
School:School of Business & Creative Industries
Module Co-ordinator:Clive  Mitchell

Summary of Module

This module examines the main principles of the Law of Delict. The primary focus will be upon the law of negligence, though some consideration will also be given to intentional wrongs such as fraud and delicts relating to property. Basic concepts of negligence will be considered, including the duty of care, the standard and degree of care, the burden of proof, causation, and remoteness of damage, as well as particular developments of the duty of care such as liability for psychiatric injury and pure economic loss. Other specific topics will include vicarious liability, nuisance, statutory liability (including occupiers' liability and liability for animals), professional liability, law of confidence, defamation, defences, and the main principles underlying an award of damages.

The course will include extensive reference to case law and the coursework will provide an opportunity for an in-depth study of particular court cases. The seminars will be problem based, involving the application of the principles studied to hypothetical examples.

This module is developed in accordance with the UWS Graduate Attributes and helps students to develop the range of skills, qualities and abilities which will prepare them for success both outwith university and beyond their period of study at UWS. This module will help the student develop academic skills such as gaining knowledge, being a critical thinker, being analytical, being a problem solver, being digitally literate and being an autonomous learner. The module also helps to develop many of the personal and professional attributes found at

Module Delivery Method
Face-To-FaceBlendedFully OnlineHybridCHybridOWork-based Learning
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Term used to describe the traditional classroom environment where the students and the lecturer meet synchronously in the same room for the whole provision.

A mode of delivery of a module or a programme that involves online and face-to-face delivery of learning, teaching and assessment activities, student support and feedback. A programme may be considered “blended” if it includes a combination of face-to-face, online and blended modules. If an online programme has any compulsory face-to-face and campus elements it must be described as blended with clearly articulated delivery information to manage student expectations

Fully Online
Instruction that is solely delivered by web-based or internet-based technologies. This term is used to describe the previously used terms distance learning and e learning.

Online with mandatory face-to-face learning on Campus

Online with optional face-to-face learning on Campus

Work-based Learning
Learning activities where the main location for the learning experience is in the workplace.

Campus(es) for Module Delivery
The module will normally be offered on the following campuses / or by Distance/Online Learning: (Provided viable student numbers permit)
Paisley:Ayr:Dumfries:Lanarkshire:London:Distance/Online Learning:Other:
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Term(s) for Module Delivery
(Provided viable student numbers permit).
Term 1


Term 2check markTerm 3


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Learning Outcomes: (maximum of 5 statements)

On successful completion of this module the student will be able to:

L1. Investigate and evaluate the law of delict as it has developed in Scots Law.

L2. Evaluate problems in terms of legal concepts and apply legal principles in order to propose solutions.

L3. Study and evaluate the reports of relevant court decisions and assess their significance within the law of delict.

L4. Make effective use of physical and electronic resources in order to acquire specialist legal information.

Employability Skills and Personal Development Planning (PDP) Skills
SCQF Headings During completion of this module, there will be an opportunity to achieve core skills in:
Knowledge and Understanding (K and U) SCQF Level 7.

Detailed understanding of the law of Delict.
Demonstrating and awareness of the evolving nature the law of Delict within Scots law.

Practice: Applied Knowledge and Understanding SCQF Level 7.

Demonstrating knowledge of a range of major principles and concepts relating to the law of Delict.
Identifying and using primary and secondary legal sources.

Generic Cognitive skills SCQF Level 7.

Using basic and routine legal skills, techniques, practices and materials.
Practicing these in both routine and non-routine contexts.

Communication, ICT and Numeracy Skills SCQF Level 7.

Utilising a wide range of skills, including the use of information and communications technology, for the gathering, basic analysis and presentation of routine legal information, ideas and concepts.
Conveying complex ideas in well structured and coherent form.
Using a range of forms of communication effectively in both familiar and new contexts.

Autonomy, Accountability and Working with others SCQF Level 7.

Exercising initiative and independence in carrying out defined activities independently or as part of a team under guidance.
Identifying, reflecting upon and addressing personal learning needs.

Pre-requisites: Before undertaking this module the student should have undertaken the following:
Module Code:
Module Title:
Co-requisitesModule Code:
Module Title:

* Indicates that module descriptor is not published.

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Learning and Teaching
Learning Activities
During completion of this module, the learning activities undertaken to achieve the module learning outcomes are stated below:
Student Learning Hours
(Normally totalling 200 hours):
(Note: Learning hours include both contact hours and hours spent on other learning activities)
Lecture/Core Content Delivery24
Tutorial/Synchronous Support Activity12
Asynchronous Class Activity30
Independent Study134
200 Hours Total

**Indicative Resources: (eg. Core text, journals, internet access)

The following materials form essential underpinning for the module content and ultimately for the learning outcomes:

Cameron, G., Delict LawBasics (5th edition, W Green 2018)

Cameron, G., Thomson's Delictual Liability (6th edition, Bloomsbury Professional 2021)

McManus, F., Delict Law Essentials (4th edition, Edinburgh University Press 2021)

McManus, F. et al., Delict: A Comprehensive Guide to the Law in Scotland (3rd edition, Edinburgh University Press 2021)*

Pillans, B. Delict: Law & Policy (5th edition, W Green 2014)

Stewart, W.J., A Casebook on Delict (2nd edition, W Green/Sweet & Maxwell 1997)

Any resources above with an asterisk symbol (*) next to them are recommended for purchase. Essential resources, including textbooks, journals and online resources will be identified at the beginning of each delivery on the Delictual Liability Aula site.

(**N.B. Although reading lists should include current publications, students are advised (particularly for material marked with an asterisk*) to wait until the start of session for confirmation of the most up-to-date material)

Engagement Requirements

In line with the Academic Engagement Procedure, Students are defined as academically engaged if they are regularly engaged with timetabled teaching sessions, course-related learning resources including those in the Library and on the relevant learning platform, and complete assessments and submit these on time. Please refer to the Academic Engagement Procedure at the following link: Academic engagement procedure

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Supplemental Information

Programme BoardAccounting, Finance and Law
Assessment Results (Pass/Fail) No
Subject PanelAccounting, Finance & Law
ModeratorColin McFadyen
External ExaminerChristina Patman
Accreditation Details
Version Number


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Assessment: (also refer to Assessment Outcomes Grids below)
A piece of coursework worth 50% of the final mark.
A class test worth 50% of the final mark.
(N.B. (i) Assessment Outcomes Grids for the module (one for each component) can be found below which clearly demonstrate how the learning outcomes of the module will be assessed.
(ii) An indicative schedule listing approximate times within the academic calendar when assessment is likely to feature will be provided within the Student Handbook.)

Assessment Outcome Grids (Footnote A.)

Component 1
Assessment Type (Footnote B.) Learning Outcome (1) Learning Outcome (2) Learning Outcome (3) Learning Outcome (4) Weighting (%) of Assessment ElementTimetabled Contact Hours
Essaycheck markcheck markcheck markcheck mark500

Component 2
Assessment Type (Footnote B.) Learning Outcome (1) Learning Outcome (2) Learning Outcome (3) Learning Outcome (4) Weighting (%) of Assessment ElementTimetabled Contact Hours
Class test (written)check markcheck markcheck markcheck mark500
Combined Total For All Components100% 2 hours

A. Referred to within Assessment Section above
B. Identified in the Learning Outcome Section above

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  1. More than one assessment method can be used to assess individual learning outcomes.
  2. Schools are responsible for determining student contact hours. Please refer to University Policy on contact hours (extract contained within section 10 of the Module Descriptor guidance note).
    This will normally be variable across Schools, dependent on Programmes &/or Professional requirements.

Equality and Diversity
The Equality, Diversity and Human Rights policy underpins student engagement. We aim to make UWS a fair and equal place to study an institution which addresses specific issues covering all aspects of equality, diversity and human rights. Where required module assessment will be adapted to meet student requirements.
UWS Equality and Diversity Policy
(N.B. Every effort will be made by the University to accommodate any equality and diversity issues brought to the attention of the School)

2014 University of the West of Scotland

University of the West of Scotland is a Registered Scottish Charity.

Charity number SC002520.