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Advanced Torts (LAWS50130)
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
Winter Term
Dr James Plunkett (Coordinator)
Overview
Availability(Quotas apply) | Winter Term |
---|---|
Fees | Look up fees |
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.
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: 23 February 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - 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 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
AND
Note: the following subject/s can also be taken concurrently (at the same time)
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50036 | Remedies |
November (On Campus - Parkville)
Semester 1 (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: 23 February 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Reflective essays (three total) from a choice of topics covered in class.
| End of the assessment period | 100% |
Additional details
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 23 February 2024
Quotas apply to this subject
Dates & times
- Winter Term
Mode of delivery On Campus (Parkville) Contact hours Classes will be taught over 8 days in the teaching period. Check Canvas LMS for confirmation of these dates. Total time commitment 144 hours Pre teaching start date 24 June 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 8 July 2024 to 19 July 2024 Last self-enrol date 26 June 2024 Census date 12 July 2024 Last date to withdraw without fail 19 July 2024 Assessment period ends 31 July 2024 Winter Term contact information
Dr James Plunkett (Coordinator)
Time commitment details
144 hours
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.
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective nominations are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 23 February 2024
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:
Type Name Course Juris Doctor - Links to additional information
- 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: 23 February 2024