Course Information
Module 1 – Law of Obligations and Civil Evidence
What is the aim of the course?
To provide an understanding of the law of England and Wales in relation to obligations and civil evidence that are
relevant to how disputes may arise and be resolved.
This course is intended for individuals who may not have studied law previously and wish to gain an understanding of
the elements of the law of obligations and civil evidence that affect matters in civil and commercial disputes. It is
suitable for anyone with a general interest in dispute resolution and is essential for individuals who wish to go on to
become qualified arbitrators, adjudicators or mediators.
The level of knowledge developed by the course is equivalent to that of first degree law at university.
What are the learning outcomes?
On successful completion of this course candidates will be able to:
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explain the sources of law and demonstrate how these are used in a common law jurisdiction;
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evaluate the nature and significance of the different types of obligations which can exist between parties; the
potential overlap between contractual and tortious claims;
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evaluate and apply contractual and tortious remedies;
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explain the rules of evidence relating to civil or commercial litigation;
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critically analyse a problem using the law of contract, the law of tort and the rules of evidence;
What is covered within the syllabus?
Introductory matters
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Nature of law and its place in society;
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Sources of law: legislation, binding judicial precedent, custom, text books;
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Administration of justice: courts, tribunals, private methods of dispute resolution.
Contract
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Types of contract: simple and specialty; requirement as to form;
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Formation of a valid contract: offer, acceptance, consideration, intention to create legal relations; capacity;
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Content of contract: representations, express terms, implied terms and exclusions;
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Vitiating factors: mistake, illegality, duress, undue influence, misrepresentation;
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Privity and third parties;
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Discharge of a contract: performance, agreement, frustration and breach;
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Remedies for non-performance: damages, specific performance, injunctions, rectification;
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Limitations;
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Agency: creation, obligations, duties, termination.
Tort
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Primary and vicarious liability;
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Negligence: duty of care, breach of duty, causation, remoteness;
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Damage: personal injury including nervous shock, damage to property, pure economic loss;
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Occupiers’ liability;
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Direct and indirect interference: trespass to land, trespass to goods, trespass to the person; public and
private nuisance, the rule in Rylands v Fletcher;
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Defences: volenti non fit injuria, contributory negligence, statutory authority;
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Limitations;
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Remedies: damages, injunctions;
Contact Us: To register for the course or for more information, please contact module1.ciarb.uae@gmail.com
information on events, education and training in the UAE, please take a look at our branch website
http://www.ciarb.org/branches/middle-east-and-indian-subcontinent/united-arab-emirates
For more
Course Information
Module 1 – Law of Obligations and Civil Evidence
Evidence
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Types: oral, documents, real;
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Witnesses: competence, of fact, of opinion;
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Proof: burden and standards;
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Admissibility: privilege, best evidence rule, hearsay, parol evidence rule, secret evidence, judicial notice;
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Relevance: probative value related to the matter in question;
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Weight: balance or preponderance of evidence;
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Disclosure of documents;
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Procedure: pre-hearing, during a hearing.
How is the course delivered?
The course is delivered over a period of approximately seven months, with a combination of private study and face-toface tutorials.
The course date advertised is the start date of the course when candidates will be required to start their private study
of reading NOT when they attend tutorials. The face-to face tutorial dates are listed on the Course Schedule.
How will I be assessed?
Assessment of this course is split into three parts:
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Contract - assignment (10% of overall mark) + 2½-hour closed-book examination (40% of overall mark).
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Tort - assignment (5% of overall mark) + 1½-hour closed-book examination (25% of overall mark).
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Evidence - assignment (20% of overall mark).
Details of the assessment are as follows:
To pass the module, candidates must achieve a minimum of 55% in each of the two examinations and a minimum
overall mark of 55%.
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Candidates who fail an examination will be required to re-sit that examination.
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The assignments are not on a pass or fail basis, they each contribute to the overall mark.
Results are dispatched to candidates normally eight to twelve weeks from the date of the submission of the
assignment or examination.
What are the entry requirements?
English Language Competence - CIArb training and assessment is carried out in English it is therefore essential that
candidates are proficient in both written and spoken English. Where English is not a candidate’s first language it is
recommended that they have achieved a standard that is, as a minimum, equivalent to the International English
Language Testing System (IELTS) level 7 or a score of 94-101 in the Test of English as a Foreign Language (TOEFL)
system. CIArb issues this advice as a guideline and, while it will not require any evidence of this standard prior to
enrolment on a course, candidates who do not have this standard of English may be disadvantaged.
What is the course fee and what does it include?
The course fee is AED 10,000 (Ten Thousand United Arab Emirate Dirham). The fee includes registration on the
course, the first attempt at the assessments, study materials, lunch and refreshments on each of the tutorial and
examination days.
Contact Us: To register for the course or for more information, please contact module1.ciarb.uae@gmail.com
information on events, education and training in the UAE, please take a look at our branch website
http://www.ciarb.org/branches/middle-east-and-indian-subcontinent/united-arab-emirates
For more
Course Information
Module 1 – Law of Obligations and Civil Evidence
What happens when I register for the course?
Upon successful registration, candidates will receive confirmation they are booked on the course. The designated
CIArb Workbook for the course is ‘Module 1 Law of Obligations and Civil Evidence, Pauline Makepeace 2014’ and this
will be issued to the Cohort on or before the course start date by email. A copy of ‘Contract Law, Catherine Elliott &
Frances Quinn’ and of ‘Tort Law, Catherine Elliott & Frances Quinn’ will also be provided.
What is CIArb’s policy on cancellation of courses?
CIArb reserves the right to cancel or change the date, venue or content of programmes and the names of speakers,
lecturers and tutors. Candidates will be provided with adequate notice of any change. If CIArb has to cancel a course,
candidates will be provided with a full refund or the opportunity to transfer their registration to the next course.
What is my next step when I complete the course?
On successful completion of this course, candidates:
•
may be eligible to claim CPD points if the course has contributed to members’ development, and evidence of
participation is provided, it may count as part of the CPD requirement for CIArb, Solicitors Regulation
Authority, Bar Standards Board, ACCA, CILEX, ICE and RIBA;
•
may progress onto Module 2 of the Domestic Arbitration, International Arbitration or Adjudication pathway.
Contact Us: To register for the course or for more information, please contact module1.ciarb.uae@gmail.com
information on events, education and training in the UAE, please take a look at our branch website
http://www.ciarb.org/branches/middle-east-and-indian-subcontinent/united-arab-emirates
For more
Course Schedule
Module 1 – Law of Obligations and Civil Evidence
COURSE START DATE:
10 January 2016
The course is delivered over a period of approximately seven months, with a combination of private study and faceto-face tutorials. Private study includes reading course materials and undertaking assessments in candidates own
time. Face-to-face tutorials involve candidates coming to Dubai to attend group tutorials to discuss the matters you
have been studying and raise any queries or concerns.
LAW OF CONTRACT
DATE(S)
10/01/16 – 14/01/16
STUDY SCHEDULE
PRIVATE STUDY: CIArb Workbook Contract Chapters 1 to 5 and Contract Law, Elliot & Quinn
Chapters 1 to 6 & 13
•
•
15/01/16 - 16/01/16
17/01/16 - 11/02/16
FACE-TO-FACE TUTORIAL [T1 & T2]]
PRIVATE STUDY: CIArb Workbook Contract Chapters 6 to 10 and Contract Law, Elliot & Quinn
Chapters 7 to 12
•
•
12/02/16 – 13/02/16
14/02/16 – 27/02/16
28/02/16 – 10/03/16
26/03/16
Contents of a contract
o Terms of the contract
o Unfair contract terms
Vitiating factors
o Misrepresentation
o Mistake
o
Illegality
o Duress and undue influence
FACE-TO-FACE TUTORIAL [T3 & T4]
ASSIGNMENT
PRIVATE STUDY: Contract Law, Elliot & Quinn Chapters 14 & 15
•
11/03/16 – 12/03/16
13/03/16 – 25/03/16
The formation of a contract:
o Offer and acceptance
o Certainty
o Intention to create legal relations
o Capacity
o Formalities
o Consideration
The rights and liabilities of third parties
o Third parties
Discharge and remedies
o Discharge of Contract
o Remedies
FACE-TO-FACE TUTORIAL [T5 & T6]
PRIVATE STUDY: Revision for Examination
EXAMINATION
Contact Us: To register for the course or for more information, please contact module1.ciarb.uae@gmail.com . For more
information on events, education and training in the UAE, please take a look at our branch website
http://www.ciarb.org/branches/middle-east-and-indian-subcontinent/united-arab-emirates
Course Schedule
Module 1 – Law of Obligations and Civil Evidence
LAW OF TORT
DATE(S)
STUDY SCHEDULE
27/03/16 – 14/04/16
PRIVATE STUDY: CIArb Workbook Tort Chapters 1 to 8 and Tort Law, Elliot and Quinn Chapters 1, 2,
3, 16 & 17
•
•
•
•
15/04/16 – 16/04/16
17/04/16 – 30/04/16
01/05/16 – 19/05/16
FACE-TO-FACE TUTORIAL [T7 & T8]
ASSIGNMENT
PRIVATE STUDY: CIArb Workbook Tort Chapters 9 to 11 and Tort Law, Elliot and Quinn Chapters 5,
11, 12, 13 & 18
•
•
•
•
•
20/05/16 – 21/05/16
22/05/16 – 03/06/16
Tort Law: an introduction
Negligence: elements of the tort; causation, defences
Joint and several liability
Vicarious Liability
Occupiers’ liability
Nuisance
The rule in Rylands v Fletcher
Trespass to land
Remedies in Tort
FACE-TO-FACE TUTORIAL [T9 & T10]
PRIVATE STUDY: Revision for Examination
04/06/16
EXAMINATION
LAW OF EVIDENCE
DATE(S)
05/06/16 – 08/07/16
STUDY SCHEDULE
PRIVATE STUDY: CIArb Workbook Law of Evidence Chapters 1 to 7
•
•
•
•
•
•
•
09/07/16
10/07/16 – 23/07/16
Introduction
Basic concepts and types of evidence
The burden and standard of Proof
Hearsay
Privilege
Witnesses
Expert evidence
FACE-TO-FACE TUTORIAL [T11]
ASSIGNMENT
Contact Us: To register for the course or for more information, please contact module1.ciarb.uae@gmail.com . For more
information on events, education and training in the UAE, please take a look at our branch website
http://www.ciarb.org/branches/middle-east-and-indian-subcontinent/united-arab-emirates
Principal Tutor Profile
Module 1 – Law of Obligations and Civil Evidence
PAULINE J MAKEPEACE
LLB PGCE MCIArb FHEA, Accredited Mediator, Tutor in Law
After obtaining her law degree, Pauline Makepeace spent 5 years in the construction industry dealing with
contract administration. She then trained as a teacher in further and higher education and worked for 3
years at Reading College of Technology. Initially working part-time for the College of Estate Management
she became a full-time tutor in January 1989 but reverted to part-time in 2013. Whilst she has taught many
legal subjects her main areas of interests are contract, tort and dispute resolution.
She is involved with the educational provision offered by the Chartered Institute of Arbitrators. She has
regularly taught Module 1 in London and Dubai since 2012. She sits on the Education and Membership
Committee, the Examination Board, and the Board of Management.
She was involved with setting up the RICS training for Rent Review Arbitrators. She has been a member of
the NAEA (now NFOPP) Examination Board since its inception in 1989 and has helped in the development
of all of their training and assessment.
Much of her spare time in Reading between 1991 and 2013 was taken up with helping to run a cinema. She
is no longer so directly involved with this but still manages to see about 60 films a year. Any other free time
she spends reading; mostly crime fiction interspersed with history and particularly political history.
Contact Us: To register for the course or for more information, please contact module1.ciarb.uae@gmail.com
information on events, education and training in the UAE, please take a look at our branch website
http://www.ciarb.org/branches/middle-east-and-indian-subcontinent/united-arab-emirates
For more
Registration & Payment
Module 1 – Law of Obligations and Civil Evidence
The Course Fee is AED 10,000.00 (Ten Thousand United Arab Emirate Dirham) and includes:
•
•
•
•
Course Materials (Workbook issued via Email);
Face to Face Tutorials;
Assignments and
Examinations
Payment is to be made via Bank Transfer to the following Account:
Account Name:
CHARTERED INSTITUTE OF ARBITRATORS REP.OFFICE
IBAN No.:
AE060200000030016950001
Account No.:
030016950001
Swift Code:
HSBC Bank Middle East Limited
Dubai
U.A.E.
BBMEAEAD
The transfer should be referenced ‘[your surname] – M1 2016’
In all cases send an e mail (referenced ‘[your surname] – M1 2016’– Payment of Course Fees’) confirming the amount,
date and reference of your payment, together with your contact details / a scanned copy of your business card to:
module1.ciarb.uae@gmail.com;
jc_ciarb@yahoo.com
thomas.george@dlapiper.com
Your place on the Course will be confirmed after payment is received and acknowledged.
Contact Us: To register for the course or for more information, please contact module1.ciarb.uae@gmail.com
information on events, education and training in the UAE, please take a look at our branch website
http://www.ciarb.org/branches/middle-east-and-indian-subcontinent/united-arab-emirates
For more