LAWS4106 Torts

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 2UWA (Perth)Face to face
Content
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.
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) 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)
Assistant Professor Kate Offer and Dr Marco Rizzi
Unit rules
Co-requisites:
LAWS4101 Foundations of Law and Lawyering
Contact hours
4 hours per week
Text

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.
  • Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available via the Booktopia Textbook Finder, which has the functionality to search by course code, course, ISBN and title, and may also be posted or available at the appropriate school's administrative offices. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.