Torts Law G (11435.2)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| Online
|| UC - Canberra, Online
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Graduate Level|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
The legal avenues available to people who have been harmed 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 outcomesAfter successful completion of this unit, students will be able to:
1. Analyse and understand the functioning of tort law within wide areas of human activity by means of negligence and other torts, such as trespass, defamation and nuisance, in their social and historical context;
2. Articulate and apply the principles of risk, consent, 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 tort actions as well as the broader historical and social implications for tort, and the nature and effect of tort reform; and
4. Critically reflect on the suitability of tort law, its development, reform and the related legislative compensation schemes.
Graduate attributes1. 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
Prerequisites11751 Legal Methods and Skills G AND 11752 Legal Systems G
CorequisitesThis unit is only available to students in the Juris Doctor, Master of Laws, Master of Legal Studies and Graduate Diploma in Legal Studies courses.
Incompatible units11278 Torts Law
Equivalent units6781 Law of Obligations G
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2023||UC - Canberra, Online||Study Block 3||08 May 2023||Online||Miss Erina Fletcher|
The text book for the unit is Bernadette Richards and Melissa de Zwart, Tort Law Principles (Thomson Reuters, 2nd, 2016). The text book is available from publisher, 'The School Locker' and a variety of other sources. All of the lecture readings will refer to page numbers from the 2nd edition.
I have not set a case book as a mandatory text. Students will need to review Torts cases, as we progress through the unit, so you will need access to a resource. I prefer Carolyn Sappideen, Prue Vines and Penelope Watson,Torts: Commentary and Materials (Thomson Reuters, 13th, 2021).
We will be working with the Civil Law (Wrongs) Act 2002 (ACT) as our primary piece of legislation. I suggest that you print a double sided hardcopy on A4 paper, annotate it with your comments and add notes to it as you work through the semester. Working with a hard copy will improve your learning.
Required IT skills
Work placement, internships or practicums