730-111 Legal Method and Reasoning

None.

Principles of Public Law or equivalent.

The subject uses Torts 'Case Studies' to introduce students to the Australian legal system, major sources of Australian law and a number of foundational legal skills. The Case Studies explore the social context in which several significant legal principles evolve and interact, with particular emphasis placed on substantive personal injury law and the tort of negligence. Other areas of law - for example, aspects of contract law - are briefly considered. Case Studies are selected from among the following:

• How to Read a Case and the Development of a Common Law Principle: Mum to Foetus - Duty of care?

• The establishment of a Legal Principle: Standard of Care at Common Law and under Statute

• The Interaction of Statutes and the Common Law: Professional Responsibility in Negligence in the Medical Context

• The Interaction of Different Legal Regimes: Grievances Against Medical Practitioners - Beyond Negligence

• The Creation of a 'Strict Liability' Statutory Action: Product Liability and Legal Regulation - Beyond Negligence

• The Interaction of Statutes and the Common Law: Damages Assessment: How much are we worth?

• Torts and the Family.

Two pass/resubmit Skills Assignments (hurdle requirements - due week 4 and week 10), a written assignment of 1500 words 50% (due week 8) and a final open-book examination two hours 50%.

Printed materials will be issued by the Faculty of Law.

• Wrongs Act 1958, (Vic). latest reprint.
• P Butt, P Nygh et al, Butterworths Concise Australian Legal Dictionary (3rd edition). 2004.