UWA Handbook 2017

Unit details

LAWS5135 Insurance Law

Credit 6 points
  Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (Perth)Face to face
Content This unit examines key concepts associated with general insurance as a risk transfer loss spreading arrangement. It includes analysis of the common law and relevant equitable principles and close examination of the Insurance Contracts Act 1984 (Cwlth), covering topics such as the duty of utmost good faith, causation, subrogation and double insurance and contribution.
Outcomes Students are able to (1) demonstrate, at an advanced level, knowledge of (a) the nature and the purpose of the laws relating to the insurance context; (b) the common law and equitable principles relevant to insurance law; (c) the terms and operation of key provisions of the Insurance Contracts Act 1984 (Cwlth); and (d) the policy and reform issues which are relevant to the insurance industry; (2) demonstrate (a) the ability to reflect upon and respond to ethical issues arising in the insurance context; and (b) a developing ability to exercise professional judgment; (3) demonstrate the ability to (a) identify and articulate complex issues arising for resolution in insurance law; (b) apply legal reasoning to solve hypothetical problems, in particular developing and explaining arguments in resolving issues; (c) engage in critical analysis of the legislation and the scholarship in the area of insurance law; (4) identify, research, evaluate and synthesise legal problems and conflicts arising in insurance law; and recognise and articulate the complex policy issues associated with insurance law; and (5) demonstrate an ability and willingness to (a) participate and contribute to seminar discussion; (b) present arguments in ways that are effective, appropriate and persuasive to legal and non-legal audiences.
Assessment Typically this unit is assessed in the following ways: (1) written assignment; (2) oral presentation; and (3) examination. Further information is available in the unit outline.

Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
Unit Coordinator(s) Greg Pynt
Unit rules
Prerequisites: for Juris Doctor students: LAWS4101 Legal Process, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, and LAWS5106 Legal Theory and Ethics
Advisable prior study: LAWS4106 Torts, and LAWS5103 Equity and Trusts
Incompatibility: LAWS3383 Insurance Law
Contact hours 3 hours per week
Unit Outlinehttp://www.unitoutlines.law.uwa.edu.au/Units/LAWS5135/SEM-1/2017

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