Negligence (LAWS70229)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
April
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Negligence is one of the most heavily litigated causes of action in common law jurisdictions. It is of enormous practical importance in a very wide range of fact situations. It is also a dynamic area of law: the relevant principles are constantly being applied to new fact situations, and the courts are regularly forced to grapple with difficult questions about the scope of negligence liability. This subject examines key issues and controversies in the law of negligence in the light of theoretical and comparative perspectives. The lecturers have both published widely on private law topics, including a range of issues in the law of negligence.

Indicative list of principal topics:

  • An overview of the law of negligence, including theoretical and historical perspectives and the place of negligence in tort law and private law
  • The duty of care requirement in general terms, including the distinction between duty in law and duty in fact, the approach to the duty question in novel situations and the role of public policy in duty decisions
  • Liability for psychiatric injury
  • Liability for pure economic loss
  • Liability for omissions
  • Liability of public authorities
  • The standard of care and its application, with particular reference to professional negligence cases
  • The requirement of damage
  • Factual causation, including recovery for loss of a chance
  • Scope of liability (legal causation and remoteness)
  • Defences (both common law and statutory).

Intended learning outcomes

A student who has successfully completed this subject should be able to:



  • Demonstrate a sophisticated understanding of the law of negligence
  • Examine, analyse, interpret and assess critically the effect of the relevant legal doctrines and statutory provisions
  • Compare and critically evaluate different approaches to particular issues and problem areas within the law of negligence

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

Students must meet one of the following prerequisite options:

Option 1

Admission into a relevant Melbourne Law Masters program

Option 2

Admission into the MC-JURISD Juris Doctor

AND

Code Name Teaching period Credit Points
LAWS50025 Torts
Semester 1 (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers. 

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: 4 March 2025

Assessment

DescriptionTimingPercentage

Case presentation

  • 10 minutes
During the teaching period10%

Class participation

Throughout the teaching period10%

Research paper on a topic approved by the subject coordinator

  • 6000 words
4 June 202580%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/A

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

  • April
    Principal coordinatorAndrew Robertson
    CoordinatorDonal Nolan
    Mode of deliveryOn Campus (Parkville)
    Contact hours34
    Total time commitment150 hours
    Pre teaching start date 5 March 2025
    Pre teaching requirementsPlease refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. 
    Teaching period 2 April 2025 to 8 April 2025
    Last self-enrol date10 March 2025
    Census date 4 April 2025
    Last date to withdraw without fail16 May 2025
    Assessment period ends20 June 2025

    April contact information

    Teaching staff:

    Andrew Robertson (Subject Coordinator)
    Donal Nolan

    For current student enquiries, contact the Law School Academic Support Office

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

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists. 
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options. 

Last updated: 4 March 2025

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS in the pre-teaching period.

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseMaster of Construction Law
    CourseMaster of Commercial Law
    CourseGraduate Diploma in Construction Law
    CourseMaster of Laws
    CourseMaster of Health and Medical Law
    CourseMaster of Private Law
    CourseGraduate Diploma in Laws
    CourseJuris Doctor
  • Links to additional information

    law.unimelb.edu.au

  • 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.

    Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants

    Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.

    Additional information for this subject

    If subject coordinator approval is required, or for further information about Community Access Program study, please contact us   

    (enquiries for current students | enquiries for prospective students). 

  • 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: 4 March 2025