units

LAW4301

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

Not offered in 2016

Synopsis

This unit will build upon the study of Torts in the LLB Hons and explore a range of torts other than negligence and selected contemporary issues in relation to tortious liability. It will enhance students' understanding of the mechanisms through which torts law addresses civil wrongs. It will analyse the social, economic and political constraints in which torts law operates and how they find reflection in liability rules. Where appropriate, the unit will have regard to materials from other jurisdictions and adopt a comparative approach.

The issues considered may vary, depending on topicality and lecturer/student interest in a given year. They are likely to include some or all of the following:

  1. Theoretical perspectives on the role of torts law and its relationship with other compensation systems
  2. Torts to Goods
  3. Breach of Statutory Duty
  4. Economic Torts
  5. Protection of dignity and emotional well being
  6. Torts remedies
  7. Torts law litigation
  8. Torts law reform.

Outcomes

On completion of this unit students should be able to:

  1. demonstrate and apply specialised knowledge of a range of torts other than negligence as well as of current controversies in torts law;
  2. demonstrate advanced skills in interpreting civil liability legislation, torts law cases, academic commentary and law reform materials and applying them to solve practical problems and to evaluate torts law policy issues;
  3. critically evaluate the effectiveness of torts law in redressing civil wrongs having regard to the social, economic and political context in which tort law operates;
  4. conduct independent research into relevant domestic and international materials on current controversies in torts law; and
  5. write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of contemporary torts and torts-related issues.

Assessment

Class participation: 10 %
Research paper (2,000 words): 40%
Examination: 50 %

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:
+ Foundations of law
+ Criminal law 1
+ Public law and statutory interpretation
+ Contract A
+ Contract B
+ Constitutional law
+ Torts

For students who commenced their LLB course prior to 2015:
LAW2201 Torts A

Co-requisites

For students who commenced their LLB(Hons) course in 2015 or later:
+ Equity
+ Corporations law

Prohibitions

None