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Advanced Torts (LAWS50130)
Graduate coursework level 5Points: 12.5Not available in 2018
Overview
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This subject explores a core area of private law, being the law of torts. The subject aims to broaden and deepen students' knowledge of the law of torts in three ways. First, it looks at a range of topics that are not usually covered, at all or in great detail, in the compulsory subject. Second, the subject examines large theoretical debates as to the nature and function of tort law and how particular torts figure in these debates. Third, it examines case law related to these topics from other common law jurisdictions in addition to a comprehensive study of leading Australian materials.
In any given year, topics will vary but will include some or all of the following:
- Theoretical accounts of tort law;
- The Economic torts (inducing breach of contract, intimidation, conspiracy and causing loss by unlawful means);
- Public Nuisance;
- Breach of Statutory Duty;
- Misfeasance in Public Office and Malicious Prosecution;
- Trespass to goods;
- Deceit;
- Vicarious Liability and Non-delegable duty;
- Comparative torts; and
- Contentious and emerging issues in the law of torts.
Intended learning outcomes
A student who has successfully completed this subject will have an advanced (in both depth and breadth), integrated and critical understanding of the law of torts. A student will therefore be able to:
- Critically analyse and evaluate various tort doctrines from a range of theoretical perspectives which seek to explain the subject;
- Display an advanced knowledge of some classical and contemporary debates and issues in tort law theory;
- Be able, in a self-directed way, to research, develop, and express opinions (in written form) about tort law (ie, its rules, principles, doctrines and remedies) from a theoretical perspective, incorporating appropriate citation practices; and
- Be able to compare the tort law of Australia to that of other common law jurisdictions, understanding the similarities and differences between them.
Generic skills
A student who has successfully completed the subject will demonstrate a high-level ability to:
- Identify, locate, reflect critically on and evaluate relevant research materials (including cases, statutes, and theoretical writings) from multiple common law jurisdictions;
- Formulate, develop, manage and realise, from inception to completion, a sustained research essay engaging with the theoretical literature as well as with legal rules, principles, doctrines and/or remedies from multiple common law jurisdictions; and
- Express, in written form, reflections and arguments touching on topics explored in this subject.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Independent research essay (5,000 words maximum) on a topic approved by the Subject Coordinator (90%);
- Class presentation and participation (10%)
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
144 hours
Additional delivery details
This subject has a quota.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist printed materials will also be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor
Last updated: 3 November 2022