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Year:

LLM606 Issues in Torts

Credit Points 6
Offering
Responsible Campus Teaching Period Mode of Study Online Level
Armidale Semester 1 Off Campus D - Comp/internet essential
Armidale Semester 1 On Campus D - Comp/internet essential
Intensive School(s) None
Supervised Exam There is no UNE Supervised Examination.
Pre-requisites candidature in JD or LLM or SJD
Co-requisites None
Restrictions None
Notes None
Combined Units None
Coordinator(s) Mark Lunney (mlunney@une.edu.au)
Unit Description

This unit will look at a number of topics within the law of tort that are of contemporary interest. These will include the radical changes introduced as a result of the collapse of the insurer HIH and the subsequent Ipp Report. The unit will also consider comparative responses to perceived problem areas in the law of tort and, in particular, will consider the impact of the 'Human Rights Act 1998' (UK) on the law of tort in England and Wales. Particular areas covered will include the duty of care in negligence, private nuisance, liability in respect of recreational activities, and the liability of public bodies.

Prescribed Material
Mandatory
Text(s):

Note: Students are expected to purchase prescribed material

Tort Law: Text and Materials
ISBN: 9780199211364
Lunney, M. and Oliphant, K., Oxford University Press 3rd ed. 2008
Text refers to: Semester 1 , On and Off Campus
Torts: Cases and Commentary
ISBN: 9780409322057
Luntz, H., Hambly, D., Burns, K., Dietrich, J. and Foster, N., LexisNexis Butterworths 6th ed. 2009
Text refers to: Semester 1 , On and Off Campus
Recommended Material
Optional
Text(s):

Note: Recommended material is held in the University Library - purchase is optional

The Law of Torts in Australia
ISBN: 9780195516203
Trindade, F.A., Cane, P. and Lunney, M., Oxford University Press 4th ed. 2007
Text refers to: Semester 1 , On and Off Campus
Disclaimer Unit information may be subject to change prior to commencement of the teaching period.
Assessment
Title Exam Length Weight Mode No. Words
Assignment 1 60% 3500
Assessment Notes
Assignment 1 and Take-home examination OR Research Paper
Relates to Learning Outcomes (LO) and Graduate Attributes (GA)
LO: 3-5 GA: 1-6
Research Paper 100% 5000
Assessment Notes
Assignment 1 and Take-home examination OR Research Paper
Relates to Learning Outcomes (LO) and Graduate Attributes (GA)
LO: 3-5 GA: 1-6
Take Home Exam 40%
Assessment Notes
Assignment 1 and Take-home examination OR Research Paper
Relates to Learning Outcomes (LO) and Graduate Attributes (GA)
LO: 3-5 GA: 1-6

Learning Outcomes (LO) Upon completion of this unit, students will be able to:
  1. understand and critically evaluate aspects of the law of tort in Australia (particularly New South Wales) in greater depth than in undergraduate units;
  2. understand and critically evaluate the process by which the current reform of the law of tort in New South Wales was undertaken;
  3. develop knowledge of a selected number of the basic rules of the law of tort in England and Wales and the way in which these basic rules differ from the same rules in Australia;
  4. develop knowledge of the role and effect of the 'Human Rights Act 1998' (UK) in the law of tort in England and Wales, and understand and critically evaluate the interface between the law of tort and human rights norms in England and Wales; and
  5. critically evaluate whether or not human rights norms should guide or limit the scope of the law of tort in Australia.

Graduate Attributes (GA)
Attribute Taught Assessed Practised
1 Knowledge of a Discipline
Graduates will be able to apply knowledge at an advanced level in professional contexts or to solve problems.
True True
2 Communication Skills
Graduates will be able to communicate effectively and confidently orally and in written forms and present well reasoned arguments.
True True
3 Global Perspectives
Research graduates will 'show a broad understanding of the context, at the national and international level, in which research takes place'.
True True
4 Information Literacy
Research graduates will 'demonstrate an understanding of relevant research methodologies and techniques and their appropriate application within their research field nationally and globally'.
True True True
5 Life-Long Learning
Research graduates will 'demonstrate an insight into the transferable nature of research skills to other work environments'.
True True
6 Problem Solving
Research graduates will apply effective project management through the setting of research goals, milestones and prioritisation of activities.`
True True True
   

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