LLAW2311 Torts

2020

4.5

1 x 2-hour workshop weekly
1 x 1-hour on-line lecture weekly

1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1d Admission into BLAWSH-Bachelor of Laws (Honours)
1e Admission into BLAWS-Bachelor of Laws
1f Admission into BLLAW-Bachelor of Laws
1g Admission into BLLAWH-Bachelor of Laws (Honours)
1h Admission into BLLAWFP-Bachelor of Laws - City Campus
1i Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
1j Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
1k Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
1l Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
1m Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
1n Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
1o Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1p Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1q Admission into CLAWHAC-B Laws (Hons)/B Accounting
1r Admission into CLAWHCR-B Laws (Hons)/B Criminology
1s Admission into CLAWHBU-B Laws (Hons)/B Business
2 1 of LLAW1311, LLAW1213
3 1 of LLAW1312, LLAW1211
4 Admission into DIPLAW-Diploma in Laws
5 ^ 1 of LLAW1311, LLAW1213
6 ^ 1 of LLAW1312, LLAW1211
Must Satisfy: (((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r or 1s) and 2 and 3) or (4 and 5 and 6))

1 of LLAW1223, LLAW2211 has been successfully completed

Assignment(s), Examination(s)

This topic will provide students with the ability to identify, analyse, and apply the legal principles in relation to various torts (including negligence), their defences and damages. The topic will further inform students about the principles and policy considerations that influence the development of law in this area. Students will practice their critical and creative thinking skills when examining the broader context in which the law of torts operates, both from a societal and comparative perspective.

The law of torts has evolved from pure common law to a mix of common law and statutes like the Civil Liability Act. Hence, the topic will allow students to hone their skills in both statutory interpretation and legal case reading. Torts also provides students the opportunity to reflect on their (moral) norms and practice as lawyers, including communication with clients.

The educational aims of this topic are to:

• Introduce students to the role of the law of torts in the Australian legal system

• Assist students in developing their capacity to analyse situations and accurately identify and apply the relevant principles of law

• Provide students with the ability to identify, analyse, apply and argue substantive areas of torts, including the elements of, and defences to, negligence and other torts against the person and property

• Introduce students to the types and assessment of damages in torts litigation

• Encourage students to reflect on the functions of the law of torts and to evaluate critically its past, present and future operation in Australian society;

• Nurture students’ ability to provide a reasoned assessment of parties' rights and liabilities

• Aid students in a practice of reflection that enables them to become more effective professionals.

On completion of this topic students will be expected to be able to:

1. Describe the mechanisms by which the legal system provides for compensation for interference with protected interests under tort law

2. Identify relevant tort claims (’legal issues’) in a given situation and articulate these using legal terms

3. Derive rules from primary sources (cases and legislation) and interpret these in accordance with rules for statutory and case interpretation

4. Correctly apply the law to the different elements and defences of tort claims, whilst thinking strategically about litigation prospects

5. Communicate legal advice in a manner appropriate for the audience

6. Demonstrate mature reflection on their developing legal skills and attitudes and professionalism.