LLAW2211 Torts 2 [Interviewing]

2020

4.5

1 x 50-minute lecture weekly
1 x 110-minute seminar fortnightly

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 LLAW1223, LLAW1102
3 1 of LLAW1221, LLAW1106
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2 and 3)

1 of LLAW2106, LLAW2311 has been successfully completed

This topic facilitates an advanced exploration of the law of torts in Australia and provides the context in which students acquire expertise in the theory and professional skill of interviewing. Substantive and theoretical areas considered will include: complex issues in relation to duty of care (such as compensation for mental harm) and causation; a study of at least one tort other than negligence (for example defamation or nuisance); the principles supporting recovery for loss other than personal injury (for example economic loss); the relationship of common law to statutory regimes such as the Trade Practices Act; and a comparative survey of accident compensation schemes leading to a critique of the Australian torts model and proposals for its reform.

This topic aims to facilitate participants' learning to assist them to:

• develop an understanding of substantive areas of torts such as defamation and nuisance
• deepen their understanding of complex concepts relating to negligence including novel duty situations and causation
• develop their capacity to analyse hypothetical case studies and accurately apply legal rules and principles to provide a reasoned assessment of the parties' rights and liabilities
• recognise and evaluate differing approaches to accident compensation
• analyse the role and operation of the law of torts in Australia from a range of theoretical perspectives
• develop the skills of scholarly research, legal writing and critical analysis
• understand and apply the theory of interviewing through the development of professional interviewing skills

A student who successfully completes this topic will be able to:

• describe the mechanisms by which the legal system and other institutions provide for compensation for interference with protected interests
• apply the principles by which the common law chooses to recognise or reject legal claims in respect of interference with protected interests
• contribute to scholarly debates on accident compensation
• critically appraise social institutions, especially the legal system
• extract the principles of the law from primary legal sources
• communicate clearly and effectively in both written and oral tasks
• use correct scholarly practices in the areas of citation and referencing
• compare the evolutionary development of the common law with other approaches to law reform
• reflect on the way(s) in which the legal system reproduces and challenges power structures in society
• prepare for and conduct a client interview to professional standards
• demonstrate mature reflection on their developing skills