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Advanced Torts (LAWS50130)

Graduate coursework level 5Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
Semester 1
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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 Australian materials.

Topics will vary from year to year but will include some of the following:

  • theoretical accounts of tort law;
  • the structure of tort law;
  • economic torts;
  • defamation and privacy;
  • breach of statutory duty;
  • misfeasance in public office and malicious prosecution;
  • trespass to goods and conversion; false imprisonment
  • deceit;
  • vicarious liability and non-delegable duty;
  • damages and other remedies for torts;
  • comparative perspectives on tort law; 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;
  • in a self-directed way, research, develop, and express opinions (in written form) about tort law (that is, its rules, principles, doctrines and remedies) from a theoretical perspective, incorporating appropriate citation practices; and
  • 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)
 12.5
LAWS50026 Obligations
Semester 1 (On Campus - Parkville)
 12.5
LAWS50027 Dispute Resolution
Not available in 2024
 12.5
or
Code Name Teaching period Credit Points
LAWS90140 Disputes and Ethics
Semester 2 (On Campus - Parkville)
 12.5
LAWS50031 Legal Theory
December (On Campus - Parkville)
July (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
Summer Term (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 (100%).

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

  • Semester 1
    Principal coordinatorEric Descheemaeker
    Mode of deliveryOn Campus (Parkville)
    Contact hours36 hours
    Total time commitment144 hours
    Teaching period 4 March 2019 to 2 June 2019
    Last self-enrol date15 March 2019
    Census date31 March 2019
    Last date to withdraw without fail10 May 2019
    Assessment period ends28 June 2019

    Semester 1 contact information

    Email: law-aso@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Time commitment details

144 hours

Additional delivery details

This subject has an enrolment quota of 60 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Elective selection process.

Last updated: 3 November 2022

Further information

  • Texts

    Prescribed texts

    Cases, books, journal articles and other materials, which will be available via the resources of the Law Library (including the online resources).

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseJuris Doctor
  • 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.

Last updated: 3 November 2022