James Cook University Subject Handbook - 2021

LA2020 - Torts B - Negligence

Subject Description

This subject focuses on how the private law regulates conduct between members of society, primarily through the imposition of a duty to compensate for wrongfully caused harm. The tort of negligence will form the focus of study, with breach of statutory duty, survival actions, wrongful death and breach of statutory duty also canvassed. Students will continue the critique (undertaken in foundational law subjects) of the concept of fault as a basis for liability and consider how it affects contemporary society primarily in Australian jurisdictions.

Learning Outcomes

• Explain how the law of negligence has developed in response to economic, political and societal changes
• Develop a written outline of argument in relation to legal problem and present orally in a Moot Court setting
• Analyse and explain the principles and rules relevant to the law of negligence, breach of statutory duty and other miscellaneous duties
• Interpret civil liability legislation and apply to a variety of legal scenarios
• Identify possible tortious issues in legal problems and explain how the law of torts would apply to resolve those issues

Subject Assessment

• Written > Examination (centrally administered) - (70%) - Individual
• Performance/Practice/Product > Mooting/Moot court - (30%) - Individual

Note that minor variations might occur due to the continuous subject quality improvement process, and in case of minor variation(s) in assessment details, the Subject Outline represents the latest official information.

Inadmissible Subject Combinations:  LA1003 and LA1012

Availabilities