Torts 200
Mr L Morris
0 points
* Three 1-hour lectures per week and one 1-hour tutorial per
fortnight
* Full-year subject
* Clayton
Objectives Students who successfully complete this subject should (1) be in a position to examine a factual situation which has caused a person loss or damage and to determine whether that person has a cause of action (that is, the essential ingredients to the right which it is proposed to enforce) which falls within the description of any of the torts covered in the course; (2) be in a position, having determined that a cause of action exists in tort, to advise on the remedies (damages, injunctions, etc) which should be pursued by the person who has suffered the loss or damage; (3) be able to analyse and examine critically the current state of the law of torts from different perspectives and to discuss how that law can more securely protect the personal, proprietary and economic interests of persons in Australia; and (4) find that, in addition to their powers of critical analysis and thinking, their oral communication and research skills are also enhanced by participation in this course.
Synopsis Introduction to the law of torts; remedies; perspective materials; trespass to the person and the action on the case for damages for personal injury, nervous shock and mental distress; torts to goods; torts concerning land; negligence (duty of care); negligence (standard of care); negligence (causation and remoteness of damage); negligence (particular duty situations); negligence (defences; contributory negligence, volenti non fit injuria and illegality); vicarious liability and contribution between tortfeasors; skills of a torts lawyer.
Assessment Final examination (3.5 hours): 70%
* Class test (50
minutes): 15%
* Negotiation exercise, moot or research essay (1500 words):
15%
Texts
Balkin and Davis Law of torts 2nd edn, Butterworths, 1996
Luntz and Hambly Torts: Cases and commentary 4th edn, Butterworths, 1995
Trindade and Cane The law of torts in Australia 2nd edn, OUP, 1993
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