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Advanced Issues in Torts - JURD7349
Morven Brown Courtyard

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
36 UOC completed in Juris Doctor Program (9150)
 
 
Excluded: LAWS8149
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

The course focuses on providing an overview of recent changes in the law dealing with compensation - in particular to changes in the common law tort of negligence and the impact of legislative reform. The course is taught in the intensive mode. It is designed for those who have a working knowledge of tort law. The course will address topical issues concerned with developments of in the tort of negligence and legislative reform. The course will focus on some particular areas of law and on the impact of compensation law more generally. It deals with the interaction between tort law and human rights. It also focuses on the impact on the practice and management of sport, the operation of statutory authorities and the delivery of health care services.


Recommended Prior Knowledge

A working knowledge of tort law.

Course Objectives

The main objective of this course is to provide some of the tools necessary to understand how the law of tort(s) might develop in this new context. This will be important in establishing some points of references for both lawyers and non-lawyers who will have to assist their own organisations and clients to navigate around this new environment.

Main Topics

Firstly, the course gives an overview on developments in the law concerning compensation. It deals with the following issues:
  • Developments in the Common Law
  • The policy underling statutory reform in the civil liability acts
  • The main elements of the civil liability acts
  • The liability of statutory authorities
  • The category of "obvious risk"
  • The impact of the law on sport
  • Policy and immunities
  • The law concerning apologies
  • Compensation for injuries associated with adverse events
  • Developments in the law of causation
  • Tort law and human rights
  • Vicarious liability
Secondly, the course sets out to consider the operation of the law of tort as it interacts with broad regulatory frameworks covering important areas of society. The course develops knowledge about the interaction between the common law and regulation by:
  • Focusing on topical and practical issues, eg, compensation as it applies to injuries occurring in sport and to injuries associated with adverse events in the health care system
  • Considering the impact of tort law on developing notions of human rights
  • Considering the impact of tort law on the operations of government, in particular the law concerning the liability of statutory authorities.

Assessment

Research essay 8,000 words 80%
Class participation Preparation and engagement in class 20%
 

Course Texts

Prescribed
Sappideen and Vines (eds) Flemings The Law of Torts (10th ed, 2011); course materials

Recommended
Harold Luntz et al, Torts Cases and Commentary (6th ed, 2011)
Sappideen, Vines & Watson, Torts Commentary and Materials (11th ed, 2012)

Resources

Listed in the Course Guide are hyperlinks to many of the source documents concerned with legislative reform of the law of tort.

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.