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Torts - LAWS1061
 Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1052 or LAWS1051; JURD7152
 
 
Excluded: JURD7161
 
 
CSS Contribution Charge:Band 3 (more info)
 
   
 
Further Information: See Class Timetable
 
  

Description

This course covers the part of the law of torts which covers the law determining liability to pay compensation for wrongfully caused injury, damage or loss. Our study of the law of torts focuses largely on personal injury caused by negligence, though there are many other torts, some of which are dealt with in other courses. In particular the course covers the scope and function of the law of torts and the principles governing selected torts, notably negligence and tort of breach of statutory duty, including remedies for them.


Recommended Prior Knowledge

This course assumes knowledge of nuisance, and trespass to land and goods which are covered in the course LAWS 1052 Foundations of Law.

Course Objectives

  • To teach students the core principles of law including a critical understanding of the policy considerations informing the law
  • To examine in a detailed way the forms of argument used in tort law by studying a relatively limited number of leading cases and the legislation in selected areas and therefore developing skills of analysis, synthesis and evaluation
  • To encourage students to consider the way in which the law of torts operates in the context of society as a whole, and the ways in which it is influenced by such particular factors as insurance, social security, and the need (or absence of a need) to ascribe fault. Thus there is a theoretical component to the course which examines various debates about the nature and effectiveness of tort law

Main Topics

  • The duty of care in negligence
  • Breach of duty
  • Causation and Remoteness
  • Concurrent and Vicarious liability
  • Breach of Statutory Duty
  • Defences to negligence
  • Damages
  • Theoretical perspectives on compensation law, tort reform and negligence law

Assessment

Class participation - 20%
Mid-session problem and essay assignment - 40%
Exam - 40%

Course Texts

Prescribed

  • Sappideen, Vines, Grant and Watson, Torts: commentary and materials, 10th ed, Law Book Co, 2009
  • Civil Liability Act 2002 (NSW)
  • Course Materials

Recommended
Trindade, Cane and Lunney, The Law of Torts in Australia, 4th ed, OUP, 2007.

Resources

Refer to Course Outline provided by lecturer.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.