LAW7305

Comparative tort law ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
City Second semester 2005 (On-campus)

Synopsis: This unit examines development of the law of torts from its English common law origins into its various manifestations in different national jurisdictions, including Australia and the United States The study will focus on select areas of tort law with an emphasis throughout on comparing differing approaches to similar issues, as well as reflecting on the cultural and institutional influences that help fashion the role of tort law in particular jurisdictions.

Objectives: On completion of this unit students should have: a familiarity with how significant tort issues are analyzed and addressed in different common law jurisdictions, including the United States and Australia; an understanding of the extent to which similar fundamental principles and objectives underlie all common law tort liability systems; an ability to discern what accounts for different resolutions of similar issues in different cultural and legal settings; an appreciation of institutional influences on the development of tort law, including jury systems, insurance, professional fee structures and judicial attitudes towards tort immunities; an ability to access, compare and evaluate legal materials from different national jurisdictions; and enhanced legal research and writing skills.

Assessment: Take-home examination (3,750 words): 50% and research assignment (3,750 words): 50%