Handbook 1996 : Faculty of Law (Volume 3 page 213)
Law subject : Next:730-105 | Search | Help
Compulsory Law subject.
Prerequisite: None
Contact: 4 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should have: developed an understanding of the institutional structure of Australian government and the sources of law; acquired legal research and writing skills; acquired oral skills by contributing to group discussions on the topics selected from the law of torts; acquired an ability to evaluate critically the development of law through cases and judicial decision making; acquired an ability to evaluate critically statutory law, by learning how to read and interpret legislation; developed an understanding of the ways in which the law of torts operates; developed an ability to critically evaluate the theoretical underpinnings of the tort of negligence; developed a detailed understanding of the way in which negligence law operates in Australia; developed an ability to critically analyse whether negligence law successfully fulfils its aims; developed a basic understanding of proposals to reform the common law of negligence; developed an understanding of how the law of torts operates in a broad social, economic and political context; developed an enthusiasm for and an interest in the study of tort law in particular, and law generally; and developed an attitude to legal education which accepts pre-reading, reflection and class discussion as essential to learning.
Content:
The law of torts is concerned with the protection of certain legally recognised interests relating to the person and property. It allocates losses primarily by requiring the person who wrongfully invades such an interest to make monetary compensation at the suit of the person harmed. This subject will provide a critical and theoretical perspective on those torts which affect the law of compensation for personal injury and damage to property, with a significant amount of time devoted to an analysis of the tort of negligence. In doing so, the policy issues and reforms relating to alternative forms of accident compensation will be considered. Selected torts not within the broad conceptual framework of accident compensation also will be studied.Topics include the following: What is a tort?; institutional structure of Australian government, and sources of law; library skills, research skills and writing skills in the context of tort law; the doctrine of precedent in the context of negligence law, and the duty to take care; specific application of the doctrine of precedent; breach of duty: in particular, an analysis from a feminist perspective; proof of a negligence action, including proposals for reform; causation and remoteness of harm; defences; compensation theory, and proposals for reform; critical legal studies: an analysis of negligence law; particular negligence situation: product liability, including the thalidomide tragedy and development risk defence; particular negligence situation: negligent professionals, including doctors and lawyers.
Also included are discussions of the litigation process: examination of pleadings; particular negligence situations: omissions and the conduct of others; assessment of damages: in particular, an analysis from a feminist perspective and assessment of damages in the context of proposals for reform; fatal accidents and survival of actions; law reform: how to use the Transport Accident Act 1986 (Vic. ). The subject also considers issues of statutory interpretation; breach of statutory duty; AIDS and tort law; vicarious liability and contribution. We may also consider intentional and strict liability torts.
Assessment:
Up to 5 Skills Related Assignments (credit) and an Assignment (1,500 words) (15 per cent) and Assignment (2,500 words) (35 per cent) and Final Exam 2 Hour (50 per cent).
Prescribed texts:
Law subject : Next:730-105 | Search | Help
Handbook 1996 : Faculty of Law (Volume 3 page 213)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.