Torts - JURD7161

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be 9150.
 
 
Excluded: LAWS1061
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description


This course covers the part of the law of torts which covers the law determining liability to pay compensation for wrongfully caused injury, damage or loss. Our study of the law of torts focuses largely on personal injury caused by negligence, though there are many other torts, some of which are dealt with in other courses. In particular the course covers the scope and function of the law of torts and the principles governing selected torts, notably negligence and tort of breach of statutory duty, including remedies for them.


Recommended Prior Knowledge


This course assumes knowledge of nuisance, and trespass to land and goods which are covered in the course JURD7152 Foundations of Law.

Course Objectives


  • To teach students the core principles of law including a critical understanding of the policy considerations informing the law
  • To examine in a detailed way the forms of argument used in tort law by studying a relatively limited number of leading cases and the legislation in selected areas and therefore developing skills of analysis, synthesis and evaluation
  • To encourage students to consider the way in which the law of torts operates in the context of society as a whole, and the ways in which it is influenced by such particular factors as insurance, social security, and the need (or absence of a need) to ascribe fault. Thus there is a theoretical component to the course which examines various debates about the nature and effectiveness of tort law

Main Topics


  • The duty of care in negligence
  • Breach of duty
  • Causation and Remoteness
  • Concurrent and Vicarious liability
  • Breach of Statutory Duty
  • Defences to negligence
  • Damages
  • Theoretical perspectives on compensation law, tort reform and negligence law

Assessment


Class participation (including scrapbook) - 10%
Mid-session problem and essay assignment - 50%
Exam - 40%

Course Texts


Prescribed

  • Sappideen, Vines, Grant and Watson, Torts: commentary and materials, 10th ed, Law Book Co, 2009
  • Civil Liability Act 2002 (NSW)

Recommended
Trindade, Cane and Lunney, The Law of Torts in Australia, 4th ed, OUP, 2007.

Resources


Refer to Course Outline provided by lecturer.