Law of Torts

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Abstract

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.

Syllabus

Introduction to tortsIntentional tortsTrespass to the person, land and chattelsPrivate and public nuisance and defencesDefamation and defencesThe tort of negligenceStandard of care , duty of care, proof of breach and causationRemedies for negligence: damagesDefences: contributory negligence; voluntary assumption of riskEconomic tortsAccidental or personal injuryBreach of a statutory dutyStrict liabilityVicarious liability; … For more content click the Read More button below.

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

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;

10.

be able to present clear coherent arguments based on leading tort law precedents; and

11.

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.

Enrolment restrictions

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

Pre-requisite

Learning activities

LAW114