LAW73003 - Remedies (2018)

Availabilities:

Not offered in 2018

Unit aim

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.