Not currently available in 2020

Unit description

Examines the principles  applicable to the law of negligence, vicarious liability,  damages in Tort  and defences to actions in negligence  by critically examining relevant legislation and cases in Australian jurisdictions. Together with Law of Torts 1 , satisfies the  areas of  knowledge requirements   for  Torts  prescribed by the relevant  Admission Authorities in each state.

Unit content

  1. Introduction to Negligence
    1. An Overview
    2. Elements of negligence
  2. The Duty of Care
  3. The Duty of Care:
    1. Special Duty Situations
  4. Breach of Duty of Care:
    1. The Civil Liability Legislation
    2. The Standard of Care
    3. Breach and the Negligence Calculus
  5. Causation and Proof of Breach:
    1. Factual Causation and the ‘but for’ Test
    2. Attributive Causation
    3. Scope of Liability
  6. Damage and Remoteness
  7. Defences:
    1. Contributory Negligence
    2. Voluntary Assumption of Risk and Obvious Risk
    3. Illegality
    4. Exclusion clauses
  8. Particular Negligence Situations 1:
    1. Abnormal Plaintiffs
    2. Medical Liability
    3. Mental Injury
    4. Pure Economic Loss
  9. Particular Negligence Situations 2:
    1. Product Liability
    2. Occupier’s Liability
    3. Vicarious Liability and Non-Delegable Duties
    4. Statutory Authorities
  10. Breach of Statutory Duty
  11. Damages:
    1. Types of Damages
    2. Compensatory Damages for Personal Injury
    3. Property Damage
    4. Time and the Limitations Acts

Learning outcomes

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

Teaching and assessment


Intensive offerings may or may not be scheduled in every session. Please refer to the timetable for further details.

Southern Cross University employs different teaching methods within units to provide students with the flexibility to choose the mode of learning that best suits them. SCU academics strive to use the latest approaches and, as a result, the learning modes and materials may change. The most current information regarding a unit will be provided to enrolled students at the beginning of the study session.

Fee information


Commonwealth Supported courses
For information regarding Student Contribution Amounts please visit the Student Contribution Amounts.
Commencing 2020 Commonwealth Supported only. Student contribution band: 3

Fee paying courses
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Please check the international course and fee list to determine the relevant fees.