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Online and other materials
Subjects may require attendance
- 02 Mar 2020
- 26 Oct 2020
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Upon completion of this subject, students will be able to:
- discuss the function and development of tort law in its social context, including the role of fault in establishing liability;
- demonstrate an in depth understanding of the nature and scope of the underlying principles, practices and concepts of negligence (as seen in the common law and the application of the Civil Liability Act 2002 (NSW)) and how it applies to particular situations e.g., wrongful death; and gain a sound knowledge of a number of other torts: liability for injuries caused by animals, breach of statutory duty, trespass to land and to the person, and private nuisance;
- understand how damages are assessed;
- use cognitive and creative skills to identify and apply the principles of tort law (both in statute and the common law) to hypothetical fact scenarios e.g., where there is psychiatric injury, occupiers' liability, pure economic loss and liability of statutory authorities; and
- demonstrate initiative in constructing clear and coherent solutions that apply the legal principles of tort law to legal problems for those seeking redress for tortious conduct.
- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
To enrol in this subject you will need to pass UNE-LAW100 subject. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not receive a satisfactory result for UNE-LAW100.
- EquipmentDetails - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
- SoftwareDetails - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
- TravelDetails - Travel may be required to attend the Final Examination for this subject.
- OtherDetails -
Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
Students are expected to purchase prescribed material.
Textbook requirements may vary from one teaching period to the next.
This subject provides a social context of the law of torts and covers negligence including defences, damages, concurrent liability and compensation schemes. The unit considers torts relating to personal, property, and economic interests and their defences. In particular this subject considers the quantum of damages. The unit will give students a good understanding of the black-letter law, whilst incorporating skills-based approaches. Students will be encouraged to take a critical view of the law, particularly with regard to current tort reform. This subject meets the Priestley requirements for torts.
Written Assessment: 2000 words. Relates to Learning Outcomes (LOs) 1-5 Open Book Examination: 2 hrs 15 mins. There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit. UNE manages supervised exams associated with your UNE subjects. Prior to census date, UNE releases exam timetables. They’ll email important exam information directly to your UNE email address.
- Written Assessment (40%)
- Open Book Examination (60%)
Torts: Cases And Commentary 8th ed. + Focus Torts 8th ed.
Luntz & Davies
Check the learning management system (LMS) of your university for textbook details.