UnitLevel 5Postgraduate

LAW5003 Principles of torts

Faculty of Law

LAW5003 Principles of torts is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2024. It needs LAW5000.

Credit points
6
Offered in 2024
Other periods
Monash Law Chambers
Assessment
Exam 60%
and 2 other tasks

This is the 2024 handbook entry. See the 2027 entry.

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Requisites

Before LAW5003

Corequisites

Pass these before, or take them in the same semester.

After LAW5003

No unit lists LAW5003 as a prerequisite in the 2024 handbook.

Overview

This unit introduces students to the law of civil wrongs (torts), including the role and purposes of tort law, the interests which it protects, and its relationship to statutory schemes which provide compensation for injury or loss. Students begin with selected intentional torts (trespass to the person, assault and battery, false imprisonment, trespass to land) and the strict liability tort of private nuisance, including elements and defences. Students then study the tort of negligence; its development, the elements of the tort and the various contexts in which it arises, the types of harms that are compensable, defences, the assessment of damages; concurrent liability and contribution by multiple wrongdoers, the particular problems raised by negligently caused mental harm and pure economic loss, and the concept of vicarious liability. Students will examine the impact of statutory law reform, in particular the civil liability reforms, on torts law, and broader policy debates about how civil wrongs should be redressed and injuries and losses compensated.

Offerings in 2024

Teaching periodCampusMode
Trimester 1Monash Law ChambersOn campus, block
Trimester 2Monash Law ChambersOn campus, block
Trimester 3Monash Law ChambersOn campus, block

Assessment

  • Class participationParticipation
    10%
  • Research assignment
    30%
  • Final ExamExam
    60%

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    Critically evaluate the role and effectiveness of torts law in redressing civil wrongs, and its relationship with statutory schemes of compensation;

  2. 2

    Demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions, including assessment of recent developments in tort law;

  3. 3

    Identify, research, evaluate and synthesise legal and policy issues in tort law;

  4. 4

    Demonstrate cognitive and creative skills in generating appropriate and reasoned responses to legal problems;

  5. 5

    Communicate effectively, appropriately and persuasively on issues of tort law; and

  6. 6

    Learn and work with autonomy, accountability and professionalism, including through use of feedback to improve your professional development.

Workload and teaching

  • Workshops36 hours
  • Teaching approachActive learning

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Contacts

Chief Examiners
Mr Liam Elphick
Associate Professor Janice Richardson
Dr Karinne Ludlow

Common questions

What are the prerequisites for LAW5003?

You need LAW5000 before you enrol; and LAW5004 before or alongside it.

When is LAW5003 offered?

LAW5003 has no offerings listed in the 2024 handbook.

Does LAW5003 have an exam?

Yes. The exam is worth 60% of the final mark, alongside 2 other tasks.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available