Monash University Handbook 2011 Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

This unit is concerned with the main torts other than the tort of negligence. It commences with an introductory study of the role and objectives of tort law and how the law of torts is being supplemented by various alternate statutory compensation schemes. Thereafter, the study examines the basic protection offered to persons by the tort of trespass; torts pertaining to goods, detinue action on the case and conversion; torts pertaining to land, and concludes with a study of vicarious liability and the related area of non-delegable duties. The availability and nature of remedies is examined throughout, together with applicable legislation and alternative statutory compensation schemes.

Objectives

Students successfully completing this unit should have:

1. an understanding of the main principles of the law of torts, with the exception of the tort of negligence which is studied in Torts B;
2. upon analysing factual situations involving loss or damage to persons or property, the ability to provide well structured advice regarding torts and tortious remedies arising from those facts;
3. familiarity with the theories and critical debate about the role and nature of the law of torts; and
4. enhanced legal skills of critical analysis and thinking, oral communication and legal research.

Assessment

Optional class test (50 minutes) 20% plus final examination (2 hours writing time plus 30 minutes reading and noting time): 80% for students who sat optional class test OR 100% for students who did not sit optional class test

Chief examiner(s)

Dr Joanna Kyriakakis

Contact hours

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

Co-requisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Prohibitions

LAW2200