This course continues students' introduction to the law of torts which began with Introducing Law and Justice where trespass to the person is covered. Other torts, notably trespass to goods and to land, and conversion, are covered in Principles of Private Law. Torts considers the part of the law of torts concerning liability to pay compensation for wrongfully caused injury, damage or loss, with an emphasis on liability caused by negligence, breach of statutory duty and nuisance. Both liability and remedies at common law and under the Civil Liability Act 2002 (NSW) are examined. Students are introduced to the complexities of interpreting statutory regimes, and their inter-relationship with common law precedent. The course critically examines the wider social implications of various approaches to compensating those who suffer personal injury, using some theoretical perspectives including law and economics, feminist theory and critical legal theory to do so
The role and function of tort law
Negligence – the duty of care in general
Negligence – duty – personal injury
Negligence – duty – defective property
Negligence – duty - pure economic loss
Negligence – duty – special defendants including public authorities, medical, landlords, parents and children etc.
Breach of duty
Causation and remoteness including eggshell skull rule and probabilistic causation
Concurrent liability – vicarious liability
Concurrent Liability - non-delegable duty
Defences to negligence
Assessment of Damages
Assessing the law of negligence – does it operate as it should?
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