LAW114 Law of Torts (8)

This subject provides a foundational core for the study of tort law by addressing the following questions: What are torts? What is liability? How can breaches of duty of care be compensated? Students will gain an understanding of a range of tort law topics including negligence, trespass to the person, trespass to goods, trespass to land, accidental and personal injury, breach of statutory duty, and strict and vicarious liability. In addition, the remedies and defences available for tortious liability are considered in relation to both common law and statutory schemes, along with the assessment of damages.

Availability

* Offering has a residential school. Please view following information for further details.

Session 2 (60)
Online *
Bathurst Campus

Continuing students should consult the SAL for current offering details: LAW114. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

Centre for Law and Justice

Enrolment Restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Prerequisites

LAW112 and LAW116

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to demonstrate a broad understanding of the role of tort law and the principles governing tortious remedies;
  • be able to demonstrate an understanding of the elements of tortious liability, including the rules pertaining to the recovery of damages;
  • be able to explain the purpose of the Civil Liability Act 2002 (NSW) and its relationship to the common law;
  • be able to apply the sources of tort law within common law and statute based scenarios;
  • be able to explain how tort law, including the relevant defences, has been developed and modified through statutory processes in Australia;
  • be able to explain the basis of contributory negligence and the principles of apportionment;
  • be able to review and evaluate nuisance and trespass within the framework of Australian tort law;
  • be able to explain the law pertaining to compensation schemes within the NSW legal system;
  • be able to plan and apply effective strategies in legal research of tort law based scenarios;
  • be able to present clear coherent arguments based on leading tort law precedents; and
  • be able to demonstrate an understanding of the applicability of tortious principles with respect to the duty of care owed by statutory authorities to Indigenous Australians.

Syllabus

This subject will cover the following topics:
  • Introduction to torts
  • Intentional torts
  • Trespass to the person, land and chattels
  • Private and public nuisance and defences
  • Defamation and defences
  • The tort of negligence
  • Standard of care , duty of care, proof of breach and causation
  • Remedies for negligence: damages
  • Defences: contributory negligence; voluntary assumption of risk
  • Economic torts
  • Accidental or personal injury
  • Breach of a statutory duty
  • Strict liability
  • Vicarious liability; non-delegable duties; concurrent and proportionate liability
  • Compensation schemes, including workers compensation and transport accidents

Residential School

This subject contains a 2 day Optional Residential School.

The 2-day residential school for this subject is optional. It will cover the seminar topics relevant to the subject with particular emphasis on relevant case law, precedents and legislation.

The information contained in the CSU Handbook was accurate at the date of publication: January 2020. The University reserves the right to vary the information at any time without notice.

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