Provides a basic understanding of the principles upon which liability to pay compensation is based through detailed study of a number of tort actions including negligence, trespass, nuisance and defamation. Evaluate examples of the various forms of conduct and states of mind which can give rise to liability, and the different consequences which may be compensated. Critically examine the effectiveness of the law of torts in achieving its principal objective of deterrence, resource allocation, compensation and loss distribution.
Topic 1 The nature and functions of torts
Topic 2 Introduction to negligence
Topic 3 Negligence – the duty of care
Topic 4 Duty of care – the difficult cases
Topic 5 Breach and standard of care
Topic 6 Damage – factual causation and the scope of liability
Topic 7 Defences to negligence
Topic 8 Vicarious liability and non-delegable duties
Topic 9 Intentional torts to people and land
Topic 10 Torts to personal property and business interests
Topic 11 Defamation
Topic 12 Judicial remedies and limitation of actions
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
Learning outcomes and graduate attributes
|On completion of this unit, students should be able to:||GA1||GA2||GA3||GA4||GA5||GA6||GA7|
|1||demonstrate an understanding of the core principles of the torts of negligence, trespass, nuisance and defamation;||Intellectual rigour||Knowledge of a discipline|
|2||critically examine the principles by which the common law and legislature determine legal claims with respect to injury caused to one person by another;||Knowledge of a discipline|
|3||demonstrate an understanding of the law, including an explanation and application of the law, to a client on a given set of facts;||Knowledge of a discipline|
|4||demonstrate an ability to develop a sustained legal argument both orally and in writing in a logical and effective way and apply case law and legislative provisions to solve factual legal problems relating to the law of torts.||Lifelong learning|
- Julia Davis, 2012, Connecting with Tort Law, Oxford University Press. ISBN: 97801955561098.
- New edition of the case book: Luntz, H, Hambly, D, Burns, K et al, 2017, Torts: Cases and Commentary, 8th edn, LexisNexis Butterworths, Australia. ISBN: 9780409342093.
Teaching and assessment
Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2017 Commonwealth Supported only. Student contribution band: 3
Please check the international course and fee list to determine the relevant fees.