Coordinator:  Professor Ian Malkin    Telephone:  83446594    Office:   Room 0842    Email:   Click here to email Ian Malkin

 

Description

Students in this subject will be introduced to the Australian legal system. They will develop an understanding of many aspects of Australia's institutional structure, the way in which the doctrine of precedent operates, and the ways in which statutes interact with the common law. Principles of statutory interpretation also will be considered.

The vehicle through which these skills will be acquired is the law of torts, with an emphasis on personal injury law. The law of torts is concerned with the protection of certain legally recognised interests relating to the person or property. Tort law allocates losses primarily by requiring the person who wrongfully invades such an interest to compensate the person harmed.

In this subject, students will develop their legal skills in the context of a number of "Tort Case Studies", after gaining a basic understanding of the structure of the tort of negligence.

Case Studies may be selected from among the following:

• The Development/Evolution of a Legal Principle - the Australian Approach to the Duty to Take Care
• Professional Responsibility and Setting Standards; the Interaction of the Common Law and Statute
• Medical Liability - Negligence and Beyond
• Public Policy: Used Overtly and Covertly
• Gendered Harm and Tort
• The Family and Tort
• Product Liability - Beyond Negligence

Additional Case Studies may be selected for study.

Points: 12.5

Contact hours: Four hours per week

Estimated Total Time Commitment: 144 Hours