UNSW Handbook Course - Advanced Tort Law

Advanced Tort Law - LAWS3143


	Faculty: Faculty of Law
	School: School 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: 3
	Enrolment Requirements:
	Prerequisite: LAWS1061; Corequisite: LAWS2311 Prerequisite: JURD7161; Corequisite: JURD7211
	Fee Band: 3 (more info)
	Further Information: See Class Timetable

Description

The law of torts is one of the most significant areas of private law, being the dominant area which vindicates wrongs in the civil arena. Since the basic torts course covers intentional torts, nuisance and negligence this course seeks to go beyond those to consider major issues and difficulties in the law of torts. These include doctrinal issues such as the interface between administrative and tort law in relation to liability of public authorities; theoretical issues such as how responsibility is considered in tort law, and the impact of various torts on society. Since LAWS1061 Torts emphasises personal injury, we consider economic loss and the economic torts in this course.

Recommended Prior Knowledge

LAWS1052 Foundations of Law and LAWS1061 Torts (and JURD equivalents) are assumed knowledge for this course.

Objectives

To create a deeper understanding of the forms of argument used in tort law
To ensure that students understand the interaction of law, culture and politics in the ebb and flow of tort law over time
To examine the extent to which tort law achieves justice, however defined.
To equip the student with an extensive knowledge of a broad range of torts.

Main Topics

These will vary, as this is to some extent an issues-based course which is responsive to what is happening in tort law at the time, but topics would include:

Tortious liability of governments
Tort law as human rights law
Misfeasance in public office, abuse of process torts
Economic torts including eg interference with contract, deceit
Tort law and social responsibility
The Civil Liability Acts as examples of tort reform

Assessment

Class presentation of research essay literature review - 20%

Class participation including assessment of other students’ presentation - 20%

Research essay 3000 words - 60%

Course Texts

Prescribed

Course materials (available from UNSW bookshop)
Civil Liability Act 2002 (NSW)

Recommended

Balkin and Davis, Torts, 4th ed, 2009

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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