LAW5PTO
PRINCIPLES OF TORT LAW
LAW5PTO
2019
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-ordinatorMaks Mark
Available to Study Abroad StudentsYes
Subject year levelYear Level 5 - Masters
Exchange StudentsYes
Subject particulars
Subject rules
Prerequisites Must be enrolled in (LMJD)
Co-requisites LEGAL PROCESSES INSTITUTIONS AND METHODS (LAW5PMI)
Incompatible subjectsN/A
Equivalent subjectsN/A
Special conditionsN/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Focus: Torts | Prescribed | Davies, M and Malkin, I, | LexisNexis, latest edition |
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
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City Campus, 2019, Semester 1, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorMaks Mark
Class requirements
Lecture/SeminarWeek: 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.
WorkShopWeek: 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 ClassWeek: 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 element | Comments | % | ILO* |
|---|---|---|---|
| Problem Solving Exercise (1500 words) | 30 | 01, 02, 03, 04, 05 | |
| Policy Essay (1500 words) | 30 | 01, 02, 06 | |
| 2 hour Open Book Examination (2000 word equivalent) | 40 | 01, 02, 03, 05, 06 |
City Campus, 2019, Semester 2, Blended
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorMaks Mark
Class requirements
Lecture/SeminarWeek: 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.
WorkShopWeek: 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 ClassWeek: 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 element | Comments | % | ILO* |
|---|---|---|---|
| Problem Solving Exercise (1500 words) | 30 | 01, 02, 03, 04, 05 | |
| Policy Essay (1500 words) | 30 | 01, 02, 06 | |
| 2 hour Open Book Examination (2000 word equivalent) | 40 | 01, 02, 03, 05, 06 |