| Effective Term: | 2024/05 |
| Institute / School : | Institute of Innovation, Science & Sustainability |
| Unit Title: | Tort Law |
| Unit ID: | BULAW1504 |
| Credit Points: | 15.00 |
| Prerequisite(s): | (BULAW1502) |
| Co-requisite(s): | Nil |
| Exclusion(s): | Nil |
| ASCED: | 090901 |
| Other Change: | |
| Brief description of the Unit |
This course explores the law of tort in the Australian context. The course covers the historical development and evolution of tort law through common law decisions and statutory modification, and its role in addressing social and economic challenges. Specific classes of tort studies include trespass to the person and land; negligence; nuisance; defamation; breach of statutory duty, vicarious liability; actions arising out of the death of another person and remedies. |
| Grade Scheme: | Graded (HD, D, C, P, MF, F, XF) |
| Work Experience Indicator: |
| No work experience |
| Placement Component: No |
| Supplementary Assessment:Yes |
| Where supplementary assessment is available a student must have failed overall in the Unit but gained a final mark of 45 per cent or above, has completed all major assessment tasks (including all sub-components where a task has multiple parts) as specified in the Unit Description and is not eligible for any other form of supplementary assessment |
| Course Level: |
| Level of Unit in Course | AQF Level(s) of Course | | 5 | 6 | 7 | 8 | 9 | 10 | | Introductory | | |  | | | | | Intermediate | | | | | | | | Advanced | | | | | | |
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| Learning Outcomes: |
| Knowledge: |
| K1. | Explain the emergence and development of the common law of torts in response to social and economic change. |
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| K2. | Distinguish between trespass and actions on the case and the various contexts within which they arise. |
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| K3. | Describe and evaluate the elements of different classes of tort. |
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| K4. | Describe and evaluate the statutory modifications to the law of torts in Australian jurisdictions. |
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| K5. | Describe the reasons for, and the impact of, emergent tortious causes of action and their significance for the future of tort law. |
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| Skills: |
| S1. | Identify, analyse and address the legal problems emerging from a specific case scenario. |
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| S2. | Present and defend arguments in support of opposing positions on a given scenario. |
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| S3. | Research relevant legal questions independently and communicate findings in a written document directed at those seeking legal advice. |
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| S4. | Reflect on the ethical and legal consequences of assuming particular positions on questions of tort liability. |
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| Application of knowledge and skills: |
| A1. | Apply relevant legal theory and tort principles to a range of case scenarios. |
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| A2. | Integrate moral, ethical and social considerations through the critical appraisal of the role and effectiveness of the law of torts in providing redress for civil wrongs. |
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| A3. | Use initiative and judgment to research and analyse relevant legal issues. |
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| Unit Content: |
Topics may include: 1.Historical development and evolution of tort law. 2.Role of tort law in addressing social and economic challenges. 3.Trespass to the person and land. 4.Nuisance. 5.Defamation. 6.Breach of statutory duty. 7.Actions arising out of the death of another person. 8.Negligence, including statutory modification. 9.Vicarious liability. 10.Tort remedies. |
| Graduate Attributes: |
| | Learning Outcomes Assessed | Assessment Tasks | Assessment Type | Weighting | | 1. | K1, K2, S1, S2, A1 | Individual supervised assessment | Test | 10-20% | | 2. | K3, S1, S2, S3, S4, A2, A3 | Written Assignment | Individual Essay or Report | 30-40% | | 3. | K1, K2, K3, K4, K5, S1, S2, A1, A2 | Supervised examination | Examination | 40-60% |
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