Leader: Dale Smith

Offered

Clayton Second semester 2008 (Day)

Synopsis

This unit will be primarily concerned with the tort of negligence. Students will be introduced to the basic elements of the tort of negligence - namely, duty of care, breach of duty, causation, remoteness, defences and remedies. Students will then examine "particular duty situations". Among the particular duty situations considered will be: pure economic loss caused by negligent statements, pure economic loss caused by negligent acts, psychological damage, rescuers, omissions and defective products and structures. Students will also consider statutory compensation schemes that have been introduced to supplement the tort of negligence.

Objectives

Students who successfully complete this unit should:

1. be in a position to examine a factual situation which has caused a person loss or damage and to determine whether that person has a cause of action under the tort of negligence;
2. be in a position, having determined that a cause of action exists, to advise on the remedies (damages, injunctions, etc) which should be pursued by the person who has suffered the loss or damage;
3. be able to analyse and examine critically the current state of tort of negligence from different perspectives and to discuss how that tort can more securely protect the personal, proprietary and economic interests of persons in Australia;
4. be aware of alternative statutory compensation schemes which replace or supplement the tort of negligence; and
5. find that, in addition to their powers of critical analysis and thinking, their oral communication and research skills are also enhanced by participation in this course.

Assessment

Tutorial participation: 10% plus Examination (2.5 hours writing time plus 30 minutes settling, reading and noting time): 90%

Contact hours

Three hours of lectures per week and one hour tutorial per week from weeks 6-12.

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2201

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW2200