UNIT OF STUDY
This is a general introductory unit of study concerned with liability for civil wrongs. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include: (a) The relationship between torts and other branches of the common law including contract and criminal law; (b) The role of fault as the principal basis of liability in the modern law; (c) Historical development of trespass and the action on the case and the contemporary relevance of this development; (d) Trespass to the person (battery, assault, and false imprisonment); (e) Trespass to land and private nuisance; (f) The action on the case for intentional injury; (g) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence; (h) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury; (i) Compensation for personal injuries, including special and alternative compensation schemes; (j) Injuries to relational interests, including compensation to relatives of victims of fatal accidents; (k) Defences to negligence.
Our courses that offer this unit of study
Further unit of study information
Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks.
1hr class test (25%) and 2hr exam (75%).
Faculty/department permission required?
Unit of study rules
LAWS1012, LAWS1005, LAWS1010, LAWS3001
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