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LAW5126 Advanced Torts

Interim Trimester 1, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite or Co-requisite: LAW5111
Enrolment is not permitted in LAW5126 if (LAW5113 and LAW5124) have been previously completed

Overview

This is a core course in the Juris Doctor program. It is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the torts area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of torts, specifically: negligence, including defences; a representative range of torts (other than negligence) and their defences; damages; concurrent liability; and compensation schemes.

This course concerns the law of torts which sets the standards of behaviour between members of society. Students will study negligence and a representative range of torts, with consideration of defences and damages, and of alternative methods of providing compensation for accidental injury. Examples include: concurrent liability, trespass, defamation, nuisance, and compensation schemes.

Course learning outcomes

On successful completion of this course, student should be able to:

  1. demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge relevant to torts, and underlying principles and concepts; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1);
  2. identify and articulate complex legal issues [relevant to torts]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; and engage in critical analysis and make reasoned and appropriate choices amongst alternatives (PO3/TLO3);
  3. communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5);
  4. explain the legislative process and identify applicable legislation and delegated legislation, general principles of statutory interpretation, understand and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues (elements of fault and intention); and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).

Topics

Description Weighting(%)
1. Negligence, including defences 40.00
2. A representative range of torts (other than negligence) and their defences 40.00
3. Damages 5.00
4. Concurrent liability 10.00
5. Compensation schemes 5.00

Text and materials required to be purchased or accessed

Civil Liability Act 2003 (Queensland)
(Legislation.)
Defamation Act 2005 (Queensland)
(Legislation.)
Kyriakakis, J, Popa, T, Rochford, F, Szablewska, N, Zhao, X, Taliadoros, J, O'Donovan, D, Bautista, L 2020, Contemporary Australian tort law, 1st edn, Cambridge 精东传媒app Press, Port Melbourne, Victoria.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Quiz 1 No 20 1,2
Assignments Written Problem Solving 1 No 20 1,2,3,4
Assignments Written Problem Solving 2 No 30 1,2,3,4
Assignments Written Quiz 2 No 30 1,2,3,4
Date printed 9 February 2024