730-104 Torts and the Process of Law

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Subject Description

The law of torts is concerned with the protection of certain legally recognised interests relating to the person or property; tort law allocates losses primarily by requiring the person who wrongfully invades such an interest to compensate the person harmed. Torts and the Process of Law critically evaluates those torts which affect the law of compensation for personal injury and damage to property, with a significant amount of time devoted to the tort of negligence, associated policy issues, and reforms relating to alternative forms of accident compensation. The views and critiques of feminist legal scholars, law and economics advocates and commentators who might be characterised as critical legal studies advocates are also analysed. In the course of examining tort law and avenues for reform, Torts and the Process of Law considers the ways in which the legal process operates; students will, for example, develop an understanding of Australia's institutional structure, the way in which the doctrine of precedent operates, and principles of statutory interpretation.

Assessment

Up to 6 pass/re-submit skills assignments and up to 3 computer exercises throughout the year; 3500 word research assignment (50%); Final Exam 3 hours (50%).

Prescribed Texts

Printed materials will be issued by the Law School. Dictionary TBA.

• Luntz and Hambly, Torts: Cases and Commentary. 4th ed Butterworths, 1995.