LAWS6121
10 units
6000 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. Integrate an advanced understanding of legal process and methods, with substantive areas of the law of tort.
2. Analyse critically, reflect on and synthesise information on the role of tort law in the civil justice system and contemporary Australian society.
3. Identify legal principles and employ legal techniques and approaches to resolve complex practical problems in the area of tort law.
4. Critically read, analyse and reflect on case law and statutes, learning within a collaborative environment.
5. Research primary and secondary legal materials in a timely and accurate fashion, so as to access recent developments in the area as well as the foundational doctrines.
6. Present a clear and reflective analysis of complex competing policy considerations.
7. Structure and present a coherent and persuasive argument using legal data, both orally and in writing, in accordance with legal professional practice.
8. 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 LAWS6120, 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 this content it is expected that students will develop skills in seeking and productively responding to feedback to support personal and professional development.
Requisite
Students must be active in either the
Juris Doctor/Grad Dip Legal Practice program [12334];
Juris Doctor [50016];
or the Master of Laws [12333]
Assumed knowledge
LAWS6000 Legal System and Method I, LAWS6001 Legal System and Method II and LAWS6120 Torts I (either completed prior to studying this course or being studied simultaneously).
Assessment items
Written Assignment: Workshop - 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 1 hour(s) per week(s) for 13 week(s) starting in week 1
- One hour scheduled online seminar per Week for Full Term.
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.