Torts 733512
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Description
This subject considers the nature and foundations of the law of torts. It builds upon ideas introduced in Legal Method and Reasoning 733-510 and goes on to examine a number of substantive torts. These include well-developed trespass torts, the ubiquitous tort of negligence, newer statutory torts and nascent torts (protecting privacy). The examination of doctrine takes place in the context of a consideration of tort history and theoretical perspectives, which illuminate both the aims of tort law and the limitations of tort as a method of compensation.
Topics will include:
- History of tort liability. The trespass torts to the person and the development of the action on the case;
- The nature of tort law. Contrasts with contract law and criminal law. The elements of the typical tort – loss, causation and a responsibility base;
- Tort theory. Corrective justice vs. instrumentalist accounts – distributive justice, deterrence and economic analysis of tort law;
- The tort of negligence – duty, breach, causation, remoteness, defences, joint & several liability and proportionate liability;
- Torts to goods – trespass, conversion and detinue;
- Statutory tort – strict product liability and misleading and deceptive conduct (the latter as a brief contrast to the principles of negligent misstatement law);
- Legislative reform following the Ipp Committee Review of the Law of Negligence Final Report and amendments to the Wrongs Act 1958 (Vic);
- Tort law in development – likely impact of the Charter of Human Rights and Responsibilities Act 2006 (Vic), comparison with development of tort in Europe under the European Charter of Human Rights and Fundamental Freedoms and the problems of protecting privacy;
- Liability for third party wrongs – vicarious liability and non-delegable duties.
PreRequisites
Legal Method and Reasoning.
