LAW232 Law of Torts II

Updated: 08 May 2019
Credit Points 6
Offering
Location Teaching Period Mode of Study
Armidale Trimester 2 Online
Armidale Trimester 2 On Campus
Intensive School(s) None
Supervised Exam There is a supervised exam at the end of the teaching period in which you are enrolled. The paper-based exam will be held at an established exam venue, and coordinated by UNE Exams Unit.
Pre-requisites LS100 or LAW100 or LLM533 and LS231 or LAW231 and candidature in BA/LLB or BAgr/LLB or BBus/LLB or BCom/LLB or BCompSc/LLB or BCrim/LLB or BEcon/LLB or BEnvSc/LLB or BFinAdmin/LLB or BFinServ/LLB or BSc/LLB or JD or GradDipLegStuds, LLB or LLM
Co-requisites None
Restrictions LS132 or LS232
Notes None
Combined Units None
Coordinator(s) Mark Lunney (mlunney@une.edu.au)
Unit Description

This unit builds upon Law of Torts I. Torts II considers the final element, quantum of damage, and also considers how negligence law operates in particular situations such as pure psychiatric injury. Consideration is also given to some of the raft of pro-defendant legislation passed as a result of the so-called public liability crisis in the early 2000s. Torts II also provides a brief examination of a number of other torts namely, liability for animals, breach of statutory duty, trespass to the person, trespass to land and private nuisance.

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 tort reform.

Materials Textbook information will be displayed approximately 8 weeks prior to the commencement of the teaching period. Please note that textbook requirements may vary from one teaching period to the next.
Disclaimer Unit information may be subject to change prior to commencement of the teaching period.
Assessment Assessment information will be published prior to commencement of the teaching period.
Learning Outcomes (LO) Upon completion of this unit, students will be able to:
  1. 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
  2. use cognitive and creative skills to reflect on and analyse the concerns raised by the 'insurance crisis', the nature of calls for tort reform, and the consequent developments in both the common law and legislation;
  3. 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
  4. 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.