Monash University Law Handbook 1995

Copyright © Monash University 1995
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Details of undergraduate subjects

LAW4140

Liability for tortious communications 415

Professor F A Trindade

15 points * Two 1.5-hour lectures per week * First semester * Clayton * Prerequisites: See section 3 of faculty resolutions

This subject involves a study of three types of tortious communications: (1) those statements, essentially false, which lower a person's character in the estimation of reasonable people or which cause the person about whom the statement is made to be hated, shunned or ridiculed by reasonable people (these matters are traditionally discussed by those dealing with the tort of defamation and will form the principal part of the subject); (2) those statements both true and false which could be said to invade the true privacy interest, the interest in retaining individual personality; (3) the liability of a person who having been entrusted with confidential information wrongfully uses that information or discloses it to a third party. While there will be a strong emphasis on law reform in the subject, an attempt will be made to present a thorough knowledge of the technical law, both substantive and procedural.

Assessment

One class test (75 minutes): 25% * Final written examination (3 hours): 75%

Prescribed texts

Australian Law Reform Commission Unfair publication: Defamation and privacy (Report No. 11) AGPS, Canberra, 1979

New South Wales Law Reform Commission Defamation (Discussion Paper 32) Sydney, 1993


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