Description

This unit covers a broad range of non-contractual civil actions available to those who have been subjected to the wrongdoing of another. It examines the elements and governing principles of selected tort actions. It also introduces students to the analytical framework of current Australian tort law and addresses the context in which torts law operates. Students are encouraged to engage with the policies and critical theories that underpin the development of the law and have the opportunities to engage in critical analysis. The unit considers the kinds of interests protected by torts law and includes an examination of the torts of trespass and nuisance. Reflecting its dominance in modern Australian torts litigation, a more detailed treatment is given to actions in negligence. The principal defences, and other limitations to a defendant's potential liability, are also considered. Close attention is paid to the Civil Liability Act 2002 (WA), particularly in the context of claims for negligently inflicted personal injury. Students develop an understanding of the interaction between case law and legislation, as well as their ability to interpret and apply statutory provisions. Students are also able to analyse novel problems, write opinions, advise clients and present arguments. The unit requires an ongoing development in reading and analysing case law and in conducting legal research.
Course period29/07/19 → …
Course levelPostgraduate coursework
Course formatUnit