|Year of offer||2019|
|Subject level||Graduate coursework Level 5|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
This subject explores a core area of private law - the law of torts. It builds upon skills introduced in the foundational subject, Legal Method and Reasoning, both with respect to the reading of cases and the interpretation of legislation. In substantive terms, the focus will be on a core area within the law of torts, negligence law. While traditionally a domain of the common law, the contemporary law of torts, and especially negligence, has increasingly received a great deal of attention from the legislature. This provides an exciting and challenging opportunity to investigate in considerable detail the interaction (and, at times, tensions) between judge-made and statute law. In addressing this interaction, close attention will be paid to the various (and, at times, competing) functions and objectives of tort law.
Topics considered in this subject (with varying degrees of depth) include:
- Features of tort law: classifications and definitions;
- Aims of tort law: the changing nature of tort law (including the Ipp Panel ‘reforms’ and human rights norms (where relevant);
- Causes of action: trespass to land (intentional tort);
- Cause of action: the tort of private nuisance;
- Cause of action: the tort of negligence (carelessness): in detail;
- Causes of action: assault and battery (intentional torts);
- Remedies: damages assessment;
- Statute-based strict liability: the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth) (time permitting); and
- State-based compensation schemes (referred to throughout).
Intended learning outcomes
The aim of this subject is to provide students with the foundations for an advanced and integrated understanding of the law of torts, with a particular emphasis on negligence law.
It is expected that on completion of this subject students should have specialist cognitive and technical skills to independently:
- Research and identify relevant principles in statutes and cases;
- Apply those principles to complex fact situations in order to reach well-reasoned conclusions about the rights and obligations of the various parties;
- Develop creative and well-founded arguments in which the relevant principles could be applied to novel fact situations and research questions;
- Critically analyse and evaluate various tort doctrines or principles from a range of perspectives;
- Critically analyse and evaluate the effectiveness of tort law in fulfilling its aims; and
- Communicate analysis, arguments and conclusions concerning tort law clearly and effectively in written form, incorporating appropriate citation practices.
On completion of the subject, students should have developed the cognitive, technical and creative skills to demonstrate:
- An approach to problem solving that is both well founded in established legal thinking and sufficiently creative to allow for existing boundaries to be tested and pushed;
- The ability to generate and evaluate sophisticated ideas about the role and functioning of tort law; and
- The ability to analyse and explain how compensation ideals affect legal thinking and practice in tort law.
Eligibility and requirements
Successful completion of all the below subjects:
|Code||Name||Teaching period||Credit Points|
|LAWS50023||Legal Method and Reasoning||
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
- 2,000 word written exercise - (30%);
- Supervised 2-hour (open book) examination - during main examination period (70%).
- 2,000 word written exercise - (30%);
- Supervised 2-hour (open book) examination – within two weeks of the last day of class (70%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Dates & times
- Semester 1
Principal coordinator Eric Descheemaeker Mode of delivery On Campus — Parkville Contact hours 48 hours Total time commitment 144 hours Teaching period 4 March 2019 to 2 June 2019 Last self-enrol date 15 March 2019 Census date 31 March 2019 Last date to withdraw without fail 10 May 2019 Assessment period ends 28 June 2019
Semester 1 contact information
- Harold Luntz et al, Torts: Cases and Commentary (LexisNexis Butterworths, 8th ed, 2017);
- Wrongs Act 1958 (Vic), available at www.legislation.vic.gov.au;
- Specialist printed material will also be made available from the Melbourne Law School.
Recommended texts and other resources
- Martin Davies and Ian Malkin, Torts (LexisNexis Butterworths, Latest edition).
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact firstname.lastname@example.org for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.