730-114 Torts

Legal Method and Reasoning or equivalent.

This subject considers several private law actions that are classified as torts. It develops and builds upon the skills acquired in 'Legal Method and Reasoning' and continues that subject's examination of substantive legal principles associated with personal injury law. This subject explores statutory regimes as well as common law principles.

The torts selected for study - including assault and battery, property-related torts and negligence - demonstrate different kinds of conduct that can lead to liability. This conduct ranges from intentional acts to careless conduct to strict liability (discussed in detail 'Legal Method and Reasoning'). By exploring the tort of negligence in detail, students consider tortious conduct that is characterised as "careless". Avenues for reform and an evaluation of commentators' views are included in this examination. Topics relevant to the tort of negligence include the following:

• duty to take care;

• the standard of care, and breach of duty;

• causation, legally recognised damage and remoteness of harm;

• defences;

• alternative forms of accident compensation;

• wrongful death - a separate statutory action;

• vicarious liability - relevant to several torts;

• concurrent liability.

Research assignment 1500 words 50% (due week 7) and a final open-book examination two hours 50%.

Printed materials will be issued by the Faculty of Law.

• Luntz H & Hambly D, Torts: Cases and Commentary. 5th ed. 2007 and updated 2007 CD Rom.
• Wrongs Act, 1958. (Vic) latest reprint.