UnitLevel 5Postgraduate

LAW5407 Current issues in torts

Faculty of Law

LAW5407 Current issues in torts is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law, offered in 2023 in Semester 1 at Monash Law Chambers. It has no prerequisites.

Credit points
6
Offered in 2023
Semester 1
Monash Law Chambers
Assessment
Exam 50%
and 1 other task

This is the 2023 handbook entry. See the 2027 entry.

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Requisites

Before LAW5407

No prerequisites or corequisites besides the enrolment rules below.

After LAW5407

No unit lists LAW5407 as a prerequisite in the 2023 handbook.

Enrolment rules

For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 points of study.

Overview

This unit will build upon the study of Torts in the undergraduate and JD programs and explore a range of controversial contemporary issues in relation to tortious liability. It will enhance student's understanding of the mechanisms through which torts law addresses civil wrongs. It will analyse the social, economical and political constraints in which torts law operates and how they find reflection in liability rules. Where appropriate, the unit will have regard to materials from other jurisdictions and adopt a comparative approach.

The issues considered may vary, depending on topicality, and lecturer and student interest in a given year. They are likely to include some or all of the following:

1. The Ipp reforms and the role of statute

2. Developments in liability for psychiatric harm

3. Liability for infliction of mental distress

4. Privacy law reform

5. Changes to the concept of causation in tort

6. Loss of chance

7. Wrongful birth and wrongful life

8. Immunities

9. Torts and human rights.

Offerings in 2023

Teaching periodCampusMode
First semesterMonash Law ChambersOn campus

Assessment

  • Research assignment
    50%
  • Take-home examinationTake home exam
    50%

Learning outcomes

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

  1. 1

    Demonstrate and apply specialised knowledge of a range of current controversies in torts law;

  2. 2

    Demonstrate advanced skills in interpreting civil liability legislation, tort law cases, academic commentary and law reform materials and applying them to evaluate complex and novel tort law issues;

  3. 3

    Critically evaluate the effectiveness of torts law in redressing civil wrongs having regard to the social, economic and political context in which tort law operates;

  4. 4

    Conduct independent research into relevant domestic and international materials on contemporary torts law issues; and

  5. 5

    Write clear, creative and persuasive opinions and critical essays demonstrating an advanced understanding of contemporary torts issues.

Workload and teaching

  • Workshops24 hours
  • Teaching approachActive learning

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). 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.

Where it fits

LAW5407 is part of 3 areas of study in the 2023 handbook.

Contacts

Chief Examiners
Mr Mark Hayes

Common questions

What are the prerequisites for LAW5407?

LAW5407 has no prerequisites, but enrolment rules apply.

When is LAW5407 offered?

In 2023, LAW5407 runs in Semester 1 at Monash Law Chambers.

Does LAW5407 have an exam?

Yes. The exam is worth 50% of the final mark, alongside 1 other task.

Which majors and minors include LAW5407?

LAW5407 is part of Global society and human rights; Health law and community; and Public sector governance and regulation.

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