Year
2017
Units
4.5
Contact
1 x 50-minute lecture weekly
1 x 110-minute workshop weekly
Prerequisites
1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 1 of LLAW1211, LLAW1101
3 1 of LLAW1212, LLAW1104
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)
Enrolment not permitted
1 of LLAW1102, LLAW2311 has been successfully completed
Assessment
Examination 50%; Assignments; Workshop participation.
Topic description
This topic provides an overview of the principles of negligence, trespass to the person, defences and the conceptual underpinnings of the assessment of damages. Materials will highlight the competing aims of the law of torts and will introduce students to a range of the policy issues which influence the development of the law.
Educational aims
The educational aims of this topic are to:

  • introduce students to the role of the law of torts in the Australian legal system
  • facilitate students' knowledge and understanding of the elements of, and defences to, negligence and trespass to the person
  • introduce students to the assessment of damages in personal injury litigation
  • assist students in developing their capacity to analyse hypothetical case studies and accurately identify and apply the relevant principles of law
  • to encourage students to reflect on the functions of the law of torts and to evaluate critically its operation in contemporary Australian society
  • support students' appreciation of the different means by which Australian law evolves, including the development of case law and statutory law reform
  • assist students' understanding of the assigned readings
  • encourage student dialogue with respect to the assigned readings
  • develop each student's ability to communicate, orally and in writing, and to work as a member of a team
Expected learning outcomes
Students who successfully complete the topic will be able to:

  • recognise situations of negligence and/or trespass to the person
  • compare and contrast the conceptual and practical implications of negligence and trespass actions
  • outline the assessment of damages in a hypothetical case of personal injury caused by negligence or trespass to the person
  • produce reasoned opinions on the legal position of hypothetical parties, orally and in writing
  • explain the principal factors that may influence the outcome of negligence and trespass litigation
  • produce a reasoned commentary on the operation of the law of torts in contemporary Australian society
  • critique legislative reform in an area like torts which has traditionally evolved through the development of case law
  • communicate effectively in the context of demonstrating achievement of all the above outcomes