PRINCIPLES OF TORT LAW

LAW2TOT

2018

Credit points: 15

Subject outline

This subject introduces students to the principles of tort law. Tort law provides a private, civil law action in pursuit of reparation (normally in the form of a monetary award of damages) as compensation for harm inflicted by another, with respect to one of a number of recognised interests of a personal and economic nature. In modern society, most of these interests are vindicated by the pivotal action in negligence, hence the majority of attention is devoted to an understanding of that tort. This subject will also introduce students to other torts including nuisance and trespass.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorFrancine Rochford

Available to Study Abroad StudentsYes

Subject year levelYear Level 2 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Must be admitted to a Bachelor of Laws degree LAW1LIM

Co-requisites LAW1LIM

Incompatible subjects LAW2TOR

Equivalent subjects LAW2TOR

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsFocus: TortsPrescribedMartin Davies and Ian Malkin (latest edition)LEXISNEXIS BUTTERWORTHS

Graduate capabilities & intended learning outcomes

01. Demonstrate an understanding of the language of tort law and its appropriate use

Activities:
Lectures, concept presentations and tutorials emphasising the meaning of legal terminology. Students are required to use new language in discussion and written settings. Case study assessment exercise, reading and analysis of primary and secondary legal materials. Quizzes and examination questions.
Related graduate capabilities and elements:
Literacies and Communication Skills
Personal and Professional Skills
Discipline -Specific Knowledge and Skills

03. Demonstrate a capacity to identify and explain case-based and statutory tortious principles

Activities:
Frameworks for doctrines explained and illustrated in lectures, individual student reading of cases and textbooks and in-class discussions to clarify and evaluate applications. Case readings, recorded strategic case presentations. Problem-solving assessment, quiz assessment and examination
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

04. Demonstrate an ability to apply case-based and statutory tortious principles to arrive at a solution to a problem raised in a given fact situation

Activities:
Argument development and evaluation modelled through case-study examples in lectures and concept presentations. Individual student reading of cases and textbooks and in-class discussions to clarify and evaluate applications. Recorded strategic case presentations. Case study assessment exercise.
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Inquiry and Analytical Skills
Discipline -Specific Knowledge and Skills

05. Compose a written legal opinion as it applies to a problem in tort law

Activities:
Modelled through analysis of written cases, individual written student tutorial preparation and in-class discussion of student responses
Related graduate capabilities and elements:
Literacies and Communication Skills
Inquiry and Analytical Skills
Personal and Professional Skills

06. Demonstrate an ability to write effectively using the principles of plain legal English

Activities:
Tutorial discussion and concept presentations emphasising the necessity for clarity; modelling of written case studies, assessment tasks requiring written communication to a range of audiences.
Related graduate capabilities and elements:
Literacies and Communication Skills
Personal and Professional Skills
Discipline -Specific Knowledge and Skills

Subject options

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Start date between: and    Key dates

Bendigo, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorFrancine Rochford

Class requirements

Lecture Week: 10 - 22
One 2.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Tutorial Week: 11 - 22
One 1.0 hours tutorial per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
one 1,500 word problem-solving taskTo be submitted and marked online. No hard copy submission required.30 01, 03, 04, 05, 06
one 2-hour examination50 01, 03, 04, 05, 06
four on-line quizzes20 01, 03

Melbourne, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorFrancine Rochford

Class requirements

Lecture Week: 10 - 22
One 2.0 hours lecture per week on weekdays during the day from week 10 to week 22 and delivered via face-to-face.

Tutorial Week: 11 - 22
One 1.0 hours tutorial per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
one 1,500 word problem-solving taskTo be submitted and marked online. No hard copy submission required.30 01, 03, 04, 05, 06
one 2-hour examination50 01, 03, 04, 05, 06
four on-line quizzes20 01, 03