TThis is a general introductory unit of study concerned with liability for civil wrongs, with particular emphasis on torts protecting personal integrity, safety and freedom from personal injury. 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) The action on the case for intentional injury; (f) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence; (g) 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; (h) Compensation for personal injuries, including special and alternative compensation schemes; (i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents; (j) Defences to negligence. (k) Vicarious Liability and non-delegable duties (l) Joint and several liability and contribution.
Unit details and rules
Academic unit | Law |
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Credit points | 6 |
Prerequisites
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None |
Corequisites
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LAWS5000 |
Prohibitions
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LAWS1010 or LAWS1012 or LAWS3001 |
Assumed knowledge
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None |
Available to study abroad and exchange students | No |
Teaching staff
Coordinator | Gemma Turton, gemma.turton@sydney.edu.au |
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Lecturer(s) | Harry Simons, harrison.simons@sydney.edu.au |