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Unit Summary
Unit type
UG Coursework Unit
Credit points
12
AQF level
Level of learning
Intermediate
Former School/College
Pre-requisites
Must have completed LAW00051 - Legal Research and Writing AND LAW00111 - Legal Process
Anti-requisites
LAW10180 - Law of Torts AND this unit is not available for students admitted to 2206351 - Associate Degree in Law (Paralegal Studies) OR 3006110 - Bachelor of Legal and Justice Studies
Unit aim
Provides a basic understanding of the principles upon which liability to pay compensation is based through detailed study of a number of tort actions including negligence, trespass, nuisance and defamation. Evaluate examples of the various forms of conduct and states of mind which can give rise to liability, and the different consequences which may be compensated. Critically examine the effectiveness of the law of torts in achieving its principal objective of deterrence, resource allocation, compensation and loss distribution.
Unit content
Topic 1: The nature and functions of torts
Topic 2: Intentional torts to people and land
Topic 3: Torts to personal property and defences
Topic 4: Defamation
Topic 5: Introduction to negligence
Topic 6: Negligence-the duty of care
Topic 7: Duty of care - particular cases
Topic 8: Breach and standard of care
Topic 9: Damage – factual causation and the scope of liability
Topic 10: Defences to negligence
Topic 11: Vicarious liability and non-delegable duties
Topic 12: Judicial remedies and limitation of actions
Learning outcomes
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
| On completion of this unit, students should be able to: | GA1 | GA2 | GA3 | GA4 | GA5 | GA6 | GA7 | |
|---|---|---|---|---|---|---|---|---|
| 1 | demonstrate an understanding of the core principles of the torts of negligence, trespass, nuisance and defamation; | |||||||
| 2 | critically examine the principles by which the common law and legislature determine legal claims with respect to injury caused to one person by another; | |||||||
| 3 | demonstrate an understanding of the law, including an explanation and application of the law, to a client on a given set of facts; | |||||||
| 4 | demonstrate an ability to develop a sustained legal argument both orally and in writing in a logical and effective way and apply case law and legislative provisions to solve factual legal problems relating to the law of torts. | |||||||
On completion of this unit, students should be able to:
-
demonstrate an understanding of the core principles of the torts of negligence, trespass, nuisance and defamation;
- GA1:
- GA4:
-
critically examine the principles by which the common law and legislature determine legal claims with respect to injury caused to one person by another;
- GA4:
-
demonstrate an understanding of the law, including an explanation and application of the law, to a client on a given set of facts;
- GA4:
-
demonstrate an ability to develop a sustained legal argument both orally and in writing in a logical and effective way and apply case law and legislative provisions to solve factual legal problems relating to the law of torts.
- GA5:
Prescribed texts
- Davis, J Rizzi, M Offer, K , 2020, Connecting with Tort Law, Oxford University Press. ISBN: 9780195593877 .