Torts Law (11278.2)

The legal avenues available to people who have been harmed or injured personally or whose land or goods have been interfered with is the domain of Tort law. In essence, Tort law allows recovery for wrongs done. The unit introduces the concept of breach of rights as actionable in the courts and for which recovery is available apart from other harms. It provides students with an understanding of the wide scope of law in addressing the intentional and unintentional harms, defences and remedies. The unit has a focus on negligence, but also introduces the torts of trespass, defamation and nuisance.

Learning outcomes

Upon successful completion of this unit, students will be able to:
1. Understand the wide range of areas of human activity in which tort law applies by means of negligence and other torts, such as trespass, defamation and nuisance;
2. Apply the principles of risk, content, tort, vicarious and concurrent liability, defences and assessment of damages found in the common law and legislation to practical problems;
3. Identify: - the policy issues associated with balancing the interests of the parties to torts actions as well as the broader social implications for torts, and - the nature and effect of tort reform; and
4. Reflect on the suitability of tort law, its development, reform and the related legislative compensation schemes.

Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - work collaboratively as part of a team, negotiate, and resolve conflict
3. UC graduates are lifelong learners - be self-aware
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development

Skills development

The law of torts is one of the most dynamic and diverse areas of law. Contemporary tort law is focused on the redistribution of losses and vindication of rights when one party has suffered harm due to another's conduct. Tort serves multiple functions in Australia: it provides compensation to injured parties, deters socially undesirable behaviours and defines acceptable standards of conduct, and articulates fundamental values regarding personal security, property and dignity. The twenty-first century presents distinctive challenges for historical tort doctrines. Tort has had to adapt to technological advancements, including artificial intelligence, and social media platforms, reforming the defamation and privacy torts. Similarly, climate change raises novel questions about causation and duties of care. These evolving contexts and recent legislative reforms show the dynamic nature of torts, preserving essential principles of justice and accountability, while adapting to an increasingly complex society. 

Prerequisites

11251 Foundations of Law and Justice

Corequisites

This unit is only available to students in a Bachelor of Laws course.

Incompatible units

None.

Equivalent units

7042 Law of Obligations

Assumed knowledge

None.