Advanced Torts (LAWS50130)

This subject explores a core area of private law, being the law of torts. It aims to broaden and deepen students' knowledge and understanding of the law of torts in three ways. First, it looks at a range of topics that are not usually covered, at least not in any detail, in the first-year course. Second, the subject examines broader 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 may 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;
• breach of 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;
• alternative compensation systems;
• comparative perspectives on tort law; and
• contentious and emerging issues in the law of torts.

This subject is run on a seminar-style and interactive basis. The lecturer will introduce and contextualise the issues; but students are expected to have done the reading beforehand and to come prepared to contribute to class discussion. Students in this subject should not expect to be taught the law from the front.