PRINCIPLES OF TORT LAW

LAW5PTO

2018

Credit points: 15

Subject outline

Principles of tort law provides students with an integrated understanding of Australian tort law - the area of law encompassing private actions arising from harm to legally recognised interests, typically for a monetary award of damages. Students gain in-depth knowledge of the most significant modern tort action, namely negligence, as well as nuisance, trespass, defamation and types of strict liability. Analysis of these legal actions is also contextualised by a consideration of legislative compensation schemes in comparative jurisdictions and the interaction between the legislature and judiciary in shaping the recognition and distribution of risk of loss in society.





SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorMarc Trabsky

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Must be admitted to Juris Doctor degree or have permission of Law Director of Program

Co-requisites LAW5PMI

Incompatible subjects LAW2TOT, LAW2TOR

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsFocus: TortsPrescribedDavies, M and Malkin, I,7th ed, LexisNexis, 2014

Graduate capabilities & intended learning outcomes

01. Employ advanced digital and conventional research skills in the area of tort law

Activities:
Modelled through presentations and explicitly addressed in seminars; developed through student preparation for seminars and assessment

02. Demonstrate advanced knowledge of the key legal doctrines that underpin Australian tort law

Activities:
Frameworks for concepts explained and illustrated in presentations, individual student reading and analysis of cases and concepts and in-class discussions to clarify

03. Evaluate tort claims in a given fact situation, using appropriate legal doctrine

Activities:
Frameworks for doctrines explained and illustrated in presentations, individual student reading of cases and textbooks and in-class discussions to clarify.

04. Collaborate effectively in solving legal problems in the area of tort law

Activities:
Argument development and evaluation modelled through case-study examples in presentations. Individual student reading of cases and textbooks and in-class discussions to clarify. Group work in seminars and in preparation of assessment

05. Compose a written legal opinion that addresses a problem in tort law

Activities:
Modelled through analysis of written cases, individual written student seminar preparation and in-class discussion of student responses

06. Critically analyse tort law in its social economic and ethical context

Activities:
Modelled through presentations, individual student research in preparation for seminars and assessment

Subject options

Select to view your study options…

Start date between: and    Key dates

City Campus, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMarc Trabsky

Class requirements

Lecture/Seminar Week: 10 - 22
One 2.0 hours lecture/seminar per week on weekdays at night from week 10 to week 22 and delivered via face-to-face.

WorkShop Week: 10 - 22
Two 4.0 hours workshop per study period on weekends during the day from week 10 to week 22 and delivered via face-to-face.

Unscheduled Online Class Week: 10 - 22
One 4.0 hours unscheduled online class per study period on weekdays during the day from week 10 to week 22 and delivered via online.

Assessments

Assessment elementComments% ILO*
Problem Solving Exercise (2000 words)30 01, 02, 03, 04, 05
Policy Essay (2000 words)30 01, 02, 06
1.5 hour Open Book Examination (1500 word equivalent)40 01, 02, 03, 05, 06

City Campus, 2018, Semester 2, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorMarc Trabsky

Class requirements

Lecture/Seminar Week: 31 - 43
One 2.0 hours lecture/seminar per week on weekdays at night from week 31 to week 43 and delivered via face-to-face.

WorkShop Week: 31 - 43
Two 4.0 hours workshop per study period on weekends during the day from week 31 to week 43 and delivered via face-to-face.

Unscheduled Online Class Week: 31 - 43
One 4.0 hours unscheduled online class per study period on weekdays during the day from week 31 to week 43 and delivered via online.

Assessments

Assessment elementComments% ILO*
Problem Solving Exercise (2000 words)30 01, 02, 03, 04, 05
Policy Essay (2000 words)30 01, 02, 06
1.5 hour Open Book Examination (1500 word equivalent)40 01, 02, 03, 05, 06