units

LAW4645

Faculty of Law

18 September 2017 18 April 2024
Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

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

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Synopsis

This unit examines selected areas of torts law from a comparative perspective. It analyses current issues and emerging trends across common law and civil law jurisdictions.

The topics covered include the following:

  1. Aims and methods of comparative legal studies;
  2. Development of tort law in common law and civil jurisdictions;
  3. Europeanisation of tort law;
  4. Liability for pure economic loss;
  5. Liability for psychological harm;
  6. Liability for 'wrongful life' and 'wrongful birth';
  7. Proof of causation;
  8. Protection of privacy.

Outcomes

On completion of this subject, students will be able to:

  1. Apply knowledge and understanding to the jurisprudence and practice of torts law;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the function and evolution of modern torts law across jurisdictional boundaries
  3. Conduct research into the fundamental aspects of international perspectives on torts law, based on knowledge of appropriate research principles and methods;
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to the interaction of torts law and related areas.

Assessment

Class participation (10%); research assignment (max. 1500 words) (30%); take-home examination (max.3000 words) (60%)

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Associate Professor Normann Witzleb

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2201; LAW2202 or an equivalent introductory course in tort law at another university

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112