LAWS1020Torts I

Course handbook

Description

Torts I (together with Torts II) examines the rules of law by which liability for civil wrongs is imposed. Tort law examines a wide range of topics that are closely relevant to fundamental human rights, including bodily integrity and property rights. Tort law also provides an important mechanism to engage with the use of public power (such as the action for false imprisonment and the action for negligence) and address potential corruption issues (such as in the action for misfeasance in public office). Both common law and statutory schemes are considered, including defences, remedies and the assessment of damages, with a view to promoting the rule of law.

Availability2024 Course Timetables

Learning outcomes

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 and develop concise notes in relation to those materials.

4. Evaluate competing policy considerations and their impact on the development of the law of tort.

5. Create persuasive and appropriately structured 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.

Content

This course (together with Torts II as part of the full first year course of study) will introduce students to the rules and processes of law which impose liability for civil wrongs including: 

1. Historical Background and Contemporary Issues*
2. Intentional Torts*
3. Negligence
4. Strict Liability Torts, including Liability for Animals and Breach of Statutory Duty*
5. Vicarious Liability and Non-Delegable Duty*
6. Remedies and Assessment of Damages
7. Overview of Non-Tortious Compensation Schemes
8. Remedies
9. Assessment of Damages
10. Parties

(Items marked with an asterisk * are those covered in detail in Torts I.)

Requisite

This course is only available to students enrolled in one of the Bachelor of Laws (Honours) and associated combined degree programs of

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours).

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)

Assumed knowledge

LAWS1010 Legal System and Method I, should be undertaken at the same time as, or prior to, this course.

Assessment items

Quiz: Online Torts quiz

Tutorial / Laboratory Exercises: Workshop - case and problem discussions and written answers to questions

3 hr Formal Examination: Open Book Examination

Participation: Attendance at Workshops - Compulsory Requirement.

Contact hours

Semester 1 - 2024 - Newcastle City Precinct

Course outline

• LAWS1020 - Semester 1, 2024 (Ncle) (PDF, 440.9 KB)