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Course

Advanced Issues in Torts - LAWS8149

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:

Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230

Excluded: JURD7349

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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.


LLM Specialisation

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.
Morven Brown Courtyard

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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