units

LAW5602

Faculty of Law

18 September 2017 22 November 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

Postgraduate - Unit

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

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
Previously coded as LAW7645

Synopsis

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

The topics covered include the following:

  • aims and methods of comparative legal studies;
  • development of tort law in common law and civil law jurisdictions;
  • Europeanisation of tort law;
  • liability for pure economic loss;
  • liability for psychological harm;
  • liability for 'wrongful life' and 'wrongful birth';
  • proof of causation; and
  • protection of privacy.

Outcomes

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

  • apply knowledge and understanding to the jurisprudence and practice of torts law;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the function and evolution of modern torts law across jurisdictional boundaries;
  • conduct research into the fundamental aspects of international perspectives on torts law, based on knowledge of appropriate research principles and methods; and
  • 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

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.