Torts - JURD7161

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Pre-requisite: JURD7152

Excluded: LAWS1061

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

Description

This course continues students’ introduction to the law of torts which began with Introducing Law and Justice where trespass to the person and nuisance is covered. Other torts, notably trespass to goods and to land, and conversion, are covered in Principles of Private Law. Torts considers the part of the law of torts concerning liability to pay compensation for wrongfully caused injury, damage or loss, with an emphasis on liability caused by negligence and breach of statutory duty. Both liability and remedies at common law and under the Civil Liability Act 2002 (NSW) are examined. Students are introduced to the complexities of interpreting statutory regimes, and their inter-relationship with common law precedent. The course critically examines the wider social implications of various approaches to compensating those who suffer personal injury.


Course Learning Outcomes


The student will be able to:
  1. Demonstrate awareness of the place of tort law within law generally, and in a broader context;
  2. Navigate and apply the various sources of tort law within the common law and statute;
  3. Apply knowledge and understanding of the principles of tort law to hypothetical fact scenarios;
  4. Engage in critical analysis of tort law;
  5. Demonstrate effective written communication skills by articulating legal concepts and analysis clearly and persuasively;
  6. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner.

Topics


  • The role and function of tort law
  • Negligence – the duty of care in general
  • Negligence – duty – personal injury
  • Negligence – duty – defective property
  • Negligence – duty - pure economic loss
  • Negligence – duty – special defendants including public authorities, medical, landlords, parents and children etc
  • Breach of duty
  • Causation and remoteness including eggshell skull rule and probabilistic causation
  • Concurrent liability – vicarious liability
  • Concurrent Liability - non-delegable duty
  • Defences to negligence
  • Assessment of Damages
  • Assessing the law of negligence – does it operate as it should?
  • Breach of Statutory Duty

Assessment


  • Class participation - 20%
  • Problem assignment - 40%
  • Exam - 40%

Texts


  • Sappideen, Vines and Watson, Torts: commentary and cases, 11th edition, 2012
  • Sappideen and Vines (eds), Fleming's The Law of Torts, 10th edition, 2011