units

LAW1113

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Clayton

  • First semester 2016 (Day)
  • Second semester 2016 (Day)

Notes

This unit was previously coded LAW2201. This unit is only offered to students commencing in 2015 and beyond.

Synopsis

The unit commences with an introductory study of the role and objectives of torts law in redressing and compensating civil wrongs, and its relationship with statutory compensation schemes. Students examine the intentional torts of false imprisonment and, trespass to land, the strict liability tort of and nuisance, and the unintentional tort of negligence. There is a detailed study of the elements of the tort of negligence - namely, duty of care, breach of duty, causation, defences and the assessment of damages - and the particular problems raised by negligently caused mental harm and pure economic loss. Students will also consider the principles and rationale of vicarious liability. Throughout the unit, students will explore the impact of statutory law reform, in particular the civil liability reforms, on torts law, in the broader context of how civil wrongs should be redressed.

Outcomes

On successful completion of this unit students will be able to:

  1. articulate and apply the fundamental principles of negligence law, false imprisonment, trespass to land and nuisance, including defences and remedies
  2. analyse the aims of torts law and its relationship with alternative schemes of compensation, and critically evaluate its role and effectiveness in redressing civil wrongs and compensating losses
  3. demonstrate intellectual and creative skills to articulate legal and policy issues, to research, interpret and synthesise relevant legal, policy and factual matters, and to formulate reasoned and appropriate responses to legal problems
  4. communicate effectively and persuasively
  5. learn and work autonomously and use feedback to improve their own capabilities and performance.

Assessment

Research assignment (case note): 30%
Final 2 hour exam (plus 30 minutes reading and noting time): 70%

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)

Dr Gerry Nagtzaam (Semester 1)
Dr Karinne Ludlow (Semester 2)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111 and LAW1114

Co-requisites

For students enrolled in the LLB (Hons) course from 2015: LAW1112