- 6 points
If this unit does not have an online alternative, then students who are presently unable to enter Western Australia and whose studies would be delayed by an inability to complete this unit, should contact the unit coordinator (details given on this page) to ascertain, on an individual case-by-case basis, if alternate arrangements can be made to support their study in this unit.
Availability Location Mode Semester 2 UWA (Perth) Face to face Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
- This unit covers a range of non-contractual civil actions examining the elements and governing principles of selected torts. It also addresses the context in which tort law operates and considers the kinds of interests protected by tort law. 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 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) and the interaction between case law and legislation.
- Students are able to (1) describe the essential elements of the various tortious actions
; (2) explain the interaction between case law and legislation; (3) apply the element of tortious actions to complex factual scenarios; (4) critically analyse the underlying context of tort rules including their political, philosophical and social rationales
; and (5) develop convincing, coherent and consistent arguments, orally and in writing, that take both sides of a dispute into account.
- Indicative assessments in this unit are as follows: (1) participation; (2) moot; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Kate Offer, Senior Lecturer and Dr Marco Rizzi, Senior Lecturer
- Unit rules
- LAWS4101 Foundations of Law and Lawyering
- Contact hours
- 4 hours per week
Julia Davis, Marco Rizzi & Kate Offer, Connecting With Tort Law, (Oxford University Press, 2nd ed, 2020)
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.