LAWS1021
10 units
1000 level
Course handbook
Description
Torts II (together with Torts I) 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
Newcastle City Precinct
- Semester 2 - 2024
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
Students must be enrolled in one of the following programs.
Bachelor of Arts / Bachelor of Laws (Honours) [12340]
Bachelor of Social Science / Bachelor of Laws(Honours) [12341]
Bachelor of Communication / Bachelor of Laws (Honours) [12342]
Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours) [12343]
Bachelor of Science / Bachelor of Laws (Honours) [12346]
Bachelor of Laws(Hon) /Dip Legal Practice [12347]
Bachelor of Laws (Honours) [12348]
Bachelor of Business/Bachelor of Laws (Honours) [40036]
Bachelor of Commerce/Bachelor of Laws (Honours) [40037]
Bachelor of Innovation Entrepreneurship/Bachelor of Laws (Honours) [40129]
Bachelor of Dev Studies/Bachelor of Laws(Honours) [40130]
Bachelor of Arts/Bachelor of Laws (Honours) [40150]
Bachelor of Glob Ind Stud/Bachelor of Laws (Honours) [40188]
Bachelor of Science/Bachelor of Laws (Honours) [40189]
Bachelor of Criminology/Bachelor of Laws(Honours) [40272]
Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours) [40279]
Bachelor of Biomedicine/Bachelor of Laws (Honours) [40280]
Bachelor of Psychological Science/Bachelor of Laws (Honours) [40290]
Bachelor of Media and Communication / Bachelor of Laws (Honours) [50005]
Assumed knowledge
LAWS1010/1011 Legal System & Method I & II should be undertaken at the same time as, or prior to, this course. LAWS1020 Torts I should be undertaken prior to undertaking 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
Compulsory Requirement: Submit assessment item - Must submit this assessment to pass the course.
Contact hours
Semester 2 - 2024 - Newcastle City Precinct
Self-Directed Learning-1
- Online 2 hour(s) per week(s) for 13 week(s) starting in week 1
Workshop-1
- Face to Face On Campus 2 hour(s) per week(s) for 13 week(s) starting in week 1
Course outline
Course outline not yet available.
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.