Course handbook
Description
Torts II 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.
Availability2021 Course Timetables
Newcastle City Precinct
- Semester 2 - 2021
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.
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.
Content
This course (together with LAWS1020, Torts I) will introduce students to the rules and processes of law which impose liability for civil wrongs including:
- Historical Background and Contemporary Issues
- Intentional Torts
- Negligence
- 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
- Remedies
- Assessment of Damages
- Parties
In addition to the above content, it is expected that students will develop skills in seeking and productively responding to feedback to support personal and professional development.
Requisite
To enrol in this course you must have successfully completed LAWS1020 and be active in the Bachelor of Laws (Honours) and associated combined degree programs.
Assumed knowledge
LAWS1010 Legal System and Method I, and LAWS1020 Torts I should be undertaken at the same time as, or prior to, this course.
Assessment items
Tutorial / Laboratory Exercises: Workshop - case and problem discussions and written answers to one week's problem questions
Written Assignment: Moot Submission and Related Feedback
Formal Examination: Open Book Examination
Participation: Participation in Online Seminars and Workshops *
* This assessment has a compulsory requirement.
Compulsory Requirements
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. - A mark will be awarded each week for active participation in the workshop. In order to satisfy the “Participation” requirement, students must be present at a minimum of 80% of scheduled workshops as spelled out in the course outline, unless they are able to demonstrate that their absence falls within the Adverse Circumstances policy. Unless this requirement is met, despite marks awarded in other assessment items, the student will receive a zero mark and an FF grade for the course.
Contact hours
Newcastle City Precinct
Self-Directed Learning
Online 1 hour(s) per Week for Full Term
One hour of self-directed learning per Week for Full Term
Seminar
Online 1 hour(s) per Week for Full Term
One hour scheduled online seminar per Week for Full Term.
Workshop
Face to Face On Campus 2 hour(s) per Week for Full Term
Face to Face on Campus 2 hour(s) per Week for Full Term (for sem 2, 2020, in response to COVID-19 issues, one of the workshops will be offered online for those students who receive permission.)
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.