Studying online

There are now 2 possible online modes for units:

Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.

Click on an offering mode for more details.

Unit Overview

Description

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.

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 2UWA (Perth)Face to face
Outcomes

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.

Assessment

Indicative assessments in this unit are as follows: (1) online quizzes; (2) moot; and (3) examination. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Marco Rizzi and Jamie Walvisch
Unit rules
Prerequisites
For Juris Doctor (JD) students
Successful completion of
LAWS4101 Foundations of Law and Lawyering
and LAWS4102 Criminal Law
and LAWS4103 Contract For MLP students LAWS4101 Foundations of Law and Lawyering
or LAWS4227 Foundations of Law and Legal Institutions For students from non-common law background
Contact hours
4 hours per week
Note
For Masters of Legal Practice students, please note that to satisfy the Priestly Requirement of Torts Law, you must also complete Remedies.
Texts

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.
  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.