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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Pre-requisites

Must have completed or be currently enrolled in LAW00051 - Legal Research and Writing AND LAW00111 - Legal Process

Co-requisites

Must have completed or be currently enrolled in LAW00051 - Legal Research and Writing AND LAW00111 - Legal Process

Anti-requisites

LAW10180 - Law of Torts

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: Introduction to negligence
Topic 3: Negligence – the duty of care
Topic 4: Duty of care – the difficult cases
Topic 5: Breach and standard of care
Topic 6: Damage – factual causation and the scope of liability
Topic 7: Defences to negligence
Topic 8: Vicarious liability and non-delegable duties
Topic 9: Intentional torts to people and land
Topic 10: Torts to personal property and business interests
Topic 11: Defamation
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.

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 develop high level skills in the analysis of legal problems in tort, and formulate appropriate written responses to demonstrate those skills. Intellectual rigour Creativity
2 demonstrate an understanding of the core principles of the torts of defamation, trespass and nuisance; economic and intentional torts Intellectual rigour Knowledge of a discipline
3 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; Intellectual rigour Knowledge of a discipline

On completion of this unit, students should be able to:

  1. develop high level skills in the analysis of legal problems in tort, and formulate appropriate written responses to demonstrate those skills.
    • GA1: Intellectual rigour
    • GA2: Creativity
  2. demonstrate an understanding of the core principles of the torts of defamation, trespass and nuisance; economic and intentional torts
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  3. 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;
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline