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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Advanced

Former School/College

Former School of Law and Justice

Pre-requisites

Must have completed LAW72002 - Torts

Anti-requisites

LAW10180 - Law of Torts

Unit aim

Examines the principles  applicable to the law of negligence, vicarious liability,  damages in Tort  and defences to actions in negligence  by critically examining relevant legislation and cases in Australian jurisdictions. Together with Law of Torts 1 , satisfies the  areas of  knowledge requirements   for  Torts  prescribed by the relevant  Admission Authorities in each state.

Unit content

  1. Introduction to Negligence
    1. An Overview
    2. Elements of negligence
  2. The Duty of Care
  3. The Duty of Care:
    1. Special Duty Situations
  4. Breach of Duty of Care:
    1. The Civil Liability Legislation
    2. The Standard of Care
    3. Breach and the Negligence Calculus
  5. Causation and Proof of Breach:
    1. Factual Causation and the ‘but for’ Test
    2. Attributive Causation
    3. Scope of Liability
  6. Damage and Remoteness
  7. Defences:
    1. Contributory Negligence
    2. Voluntary Assumption of Risk and Obvious Risk
    3. Illegality
    4. Exclusion clauses
  8. Particular Negligence Situations 1:
    1. Abnormal Plaintiffs
    2. Medical Liability
    3. Mental Injury
    4. Pure Economic Loss
  9. Particular Negligence Situations 2:
    1. Product Liability
    2. Occupier’s Liability
    3. Vicarious Liability and Non-Delegable Duties
    4. Statutory Authorities
  10. Breach of Statutory Duty
  11. Damages:
    1. Types of Damages
    2. Compensatory Damages for Personal Injury
    3. Property Damage
    4. Time and the Limitations Acts

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: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
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
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 ability to synthesise a highly developed legal argument and apply case law and legislative provisions to respond to complex issues raised in factual legal problems relating to the law of negligence, damages and defences;

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

  1. demonstrate an understanding of the core principles of the torts of negligence
    • GA1:
    • GA4:
  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;
    • GA4:
  3. Demonstrate an ability to synthesise a highly developed legal argument and apply case law and legislative provisions to respond to complex issues raised in factual legal problems relating to the law of negligence, damages and defences;
    • GA1:
    • GA2: