1 x 10-hour on-line exercises weekly
^ = may be enrolled concurrently
1 Admission into JD-Juris Doctor
1a Admission into GCLA-Graduate Certificate in Laws
1b Admission into GDPLA-Graduate Diploma in Laws
2 ^ LLAW9601 - The Australian Legal System
Must Satisfy: ((1 or 1a or 1b) and 2)
Assignment(s), Examination(s), Test(s), Oral, Collaborative Workshop Exercises
Topic description

This topic provides an overview of the principles of various torts including negligence, trespass to the person, nuisance, and the conceptual underpinnings of the assessment of damages. The topic will introduce students to a range of the policy issues which influence the development of the law of torts.

Educational aims

This topic aims to:

  • Introduce students to the role of the law of torts in the Australian legal system
  • Provide students with knowledge and understanding of the elements of, and defences to, negligence and other torts against the person and property
  • Facilitate students' understanding of complex concepts relating to negligence including novel duty situations and causation
  • Introduce students to the assessment of damages and alternate methods of compensation; and
  • Provide students with an ability to analyse the role and operation of the law of torts in Australia from a range of theoretical perspectives
Expected learning outcomes
It is expected that as a result of work in this topic, students will:

  1. demonstrate a knowledge and understanding of torts law including negligence and other torts against the person and property, defences, damages and alternative methods of compensation for accidental injury.

  2. demonstrate ability to:

    (a) understand approaches to ethical decision making;

    (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;

    (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and

    (d) exercise professional judgment,

    in the context of the law of torts.

  3. demonstrate ability to:

    (a) identify and articulate complex legal issues;

    (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;

    (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and

    (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,

    in the context of the law of torts.

  4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of the law of torts;

  5. demonstrate ability to:

    (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and

    (b) collaborate effectively,

    in the context of the law of torts.

  6. demonstrate ability to:

    (a) learn and work with a high level of autonomy, accountability and professionalism, and

    (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.