Torts - Part B
Examines the rules of law by which liability for civil wrongs is imposed. Both common law and statutory schemes are considered, including defences, remedies and the assessment of damages.
Newcastle City Precinct
- Semester 2 - 2017
On successful completion of the course students will be able to:
1. Identify the key legal principles relevant to the substantive areas of the law of tort and apply them to resolve legal problems;
2. Reflect critically on the role of the law of tort in the civil justice system and contemporary Australian society more generally;
3. Analyse case law, statutes and secondary legal materials relevant to the law of tort;
4. Evaluate competing policy considerations and their impact on the development of the law of tort;
5. Create persuasive legal arguments on tort law issues and problems, both orally and in writing;
6. Orally present and defend arguments in interactive dialogue with the teacher and peers in a style consistent with professional client consultations, mediation, negotiation and court appearances.
This course will introduce students to the rules and processes of law which impose liability for civil wrongs including:
- Historical Background and Contemporary Issues
- Intentional Torts
- Strict Liability Torts, including Liability for Animals and Breach of Statutory Duty
- Vicarious Liability and Non-Delegable Duty
- Remedies and Assessment of Damages
- Overview of Non-Tortious Compensation Schemes
- Assessment of Damages
This course is part of a multi-term sequence. Both Part A and Part B must be completed to meet the requirements of the sequence. Part A and Part B must be completed in consecutive terms. Students must complete Part A before completing Part B. Students must complete the sequence within a twelve month period. If students complete Part A but are unable to complete Part B within the timeframe, they must re-enrol in Part A.
The 'A' component of this Multi-Term Sequence Course must be taken prior to enrolment in the 'B' component.
No assumed knowledge, but usually LAWS1001A and LAWS1001B, Legal System and Method, will be undertaken at the same time as this course.
Tutorial / Laboratory Exercises: Tutorial - case and problem discussions and written answers to one week's problem questions
Written Assignment: Moot Submission
Formal Examination: Open Book Examination
Participation: Attendance at seminars and workshops *
* This assessment has a compulsory requirement.
In order to pass this course, each student must complete ALL of the following compulsory requirements:
Course Assessment Requirements:
- Participation: Attempt / Submission Requirement - Students must attempt/submit this assessment item to pass the course. - Students must attend 80% of seminars and workshops. Attendance records will be kept up to date by the Course Co-ordinator and will be retained with the Course Assessment Return.
Newcastle City Precinct
Face to Face On Campus 4 hour(s) per Week for Full Term