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Torts (LAWS50025)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
Overview
Availability | Semester 1 |
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Fees | Look up fees |
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, with respect to the interpretation and application of both cases and statutes. The majority of the subject will focus on the tort of negligence. While traditionally a domain of the common law, the law of torts (especially negligence) has increasingly received attention from the legislature in all Australian states and territories. This area of law therefore provides an exciting and challenging opportunity to investigate the interaction (and, at times, tensions) between judge-made law and legislation. In addressing this interaction, students will consider the functions and objectives of tort law.
Topics considered in this subject include:
- Aims and development of tort law in comparison to alternative approaches and statutory schemes;
- Trespass to land;
- Nuisance;
- Trespass to the person: assault, battery, and false imprisonment;
- Negligence, in detail (legally recognisable harms; duty of care; breach of duty; causation);
- Defences to torts: voluntary assumption of risk; contributory negligence;
- The allocation of losses including vicarious liability; and
- The calculation of damages (compensation) for personal injury.
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.
Generic skills
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.
Last updated: 15 March 2024
Eligibility and requirements
Prerequisites
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - 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: 15 March 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Research skills task
| Early in the teaching period | 10% |
Writing task
| Mid semester | 30% |
Final examination, open book
| During the examination period | 60% |
Additional details
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 15 March 2024
Dates & times
- Semester 1
Principal coordinator Tania Voon Mode of delivery On Campus (Parkville) Contact hours 48 hours Total time commitment 144 hours Teaching period 26 February 2024 to 26 May 2024 Last self-enrol date 8 March 2024 Census date 3 April 2024 Last date to withdraw without fail 3 May 2024 Assessment period ends 21 June 2024
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Last updated: 15 March 2024
Further information
- Texts
Prescribed texts
- Martin Davies, Ian Malkin, Tania Voon, Focus: Torts (LexisNexis Butterworths, 10th ed, 2023); A Discount code (FocusTorts15) is valid until 31 Dec 2024 at the LexisNexis store;
- Wrongs Act 1958 (Vic), available at www.legislation.vic.gov.au;
- Specialist material will also be made available via the LMS.
- 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 law-admissions@unimelb.edu.au 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.
Last updated: 15 March 2024