HD Torts Notes - Torts UTS 70311

Description

Includes all course content: All weekly modules and all self learning modules. - Week 1: Introduction to Tort Law - Week 2: Introduction to Tort law and Trespass To Person * What is a Tort? * The Common Law of Tort. * Trespass to Person: Assault, Battery & False Imprisonment. - Week 3: Trespass to Land and Defences to Intentional Torts and Wilkinson v Downton * Trespass to Land * Defences to Intentional Torts: Self-defence; Defence of Another; Consent; Necessity * The cause of action for psychiatric injury in Wilkinson v Downton. - Week 4: Negligence I: Introduction & Duty of Care * Duty of Care & Role of Public Policy * Legal Ethics; Advocates’ Immunity; Lawyers and Negligence: the duty to the client. - Week 5: Negligence II: Breach of Duty of Care * Civil Liability Act 2002 (NSW), Part 1A, S 5B * Reasonable foreseeable & ‘not insignificant’ risks * The ‘calculus of negligence’ * Standard of care for professionals. - Self Learning Module 1: Nusiance - Week 6: Negligence III: Proof & Causation * Scope of Liability: Civil Liability Act 2002 (NSW), S 5D, 5E. * “But for” test * Intervening causation * Standard of proof * Res ipsa loquitur - Week 7: Negligence IV: Scope of Liability * Remoteness of Damage * Egg Shell Skull Rule - Week 8: Negligence V: Re-examining Negligence & False Imprisonment through Trevorrow [2010] * False imprisonment * Negligence * First nation peoples and historic wrongs - Week 9: Negligence VI: Defences to Negligence * Contributory Negligence * Voluntary assumption of risk * Civil Liability Act Defences including intoxication; dangerous recreational activities; obvious & inherent risks; risk warnings. - Week 10: Negligence VII: Categories of Duty of Care * Atypical Plaintiffs; manufacturers; employers; motorists; the foetus. * Mental Harm/psychiatric injury: Part 3 Civil Liability Act 2002 (NSW) * Rescuers; Occupiers. - Self Learning Module 2: Death Claims - Week 11: Negligence VIII: Pure Economic Loss * Negligent Misstatement * Negligent acts causing pure economic loss * Part 4 Civil Liability Act 2002 (NSW): Proportionate Liability - Week 12: Negligence IX: Strict Liability; Multiple Defendants * Vicarious Liability * Independent Contractors & Non-Delegable Duties of Care * Concurrent Liability * Contribution amongst Tortfeasors * Joint & Several Liability AND Proportionate Liability - Self Learning Module 3: Statutory Authorities