LAW1113 – Long Set Torts Notes COVERS EVERYTHING

Description

Description: These LAW1113 – Torts Notes cover the entire subject in a clear, organised, and exam-ready format. With 34 pages and over 11,500 words, they distil the full semester of content into a comprehensive and practical resource for understanding tort law, revising weekly topics, or preparing for assessments. Ideal for: Open-book exams Weekly class and tutorial prep Learning key legal tests and case law Rapid revision and application of legal principles What’s Included: Complete coverage of all topics across the LAW1113 syllabus Structured breakdowns of every tort with elements, defences, and key cases Statutory references, including the Wrongs Act 1958 (Vic) Flow and headings designed for fast referencing in high-pressure situations Detailed coverage of negligence, intentional torts, vicarious liability, and defences Topic List: WEEK 1 – Introduction to Tort Law Nature and definition of torts Relationship with other areas of law Core features, fault, liability, redress Functions of tort law: compensation, deterrence, and more Alternative compensation schemes WEEK 2 – Trespass to the Person Common elements of trespass Battery: intentional contact Assault: threat of imminent harm False imprisonment: total restraint and its limits WEEK 3 – Defences to Trespass to the Person Self-defence and defence of others/property Necessity (incl. medical context) Consent and informed consent WEEK 4 – Trespass to Land and Private Nuisance Trespass to land: types, defences, standing Private nuisance: interference with property and amenity Reasonableness factors and social utility Key defences WEEK 5 – Duty of Care in Negligence Donoghue v Stevenson and the neighbour principle Settled duty categories New duty categories using salient features (, Caltex v Stavar) Policy limits on duties (, police, advocates) WEEK 6 – Special Duty Relationships Pure economic loss Pure mental harm Key cases and statutory requirements under the Wrongs Act WEEK 7 – Breach of Duty I What constitutes negligence Reasonable person standard Contextual considerations (minors, skill, disability, etc.) Foreseeability and significance of risk WEEK 8 – Breach of Duty II The negligence calculus Risk assessment: probability, severity, burden, utility Statutory standards and professional obligations Duty to warn and peer professional opinion WEEK 9 – Causation and Scope of Liability “But for” and material contribution tests Factual and legal causation under the Wrongs Act Intervening acts and remoteness WEEK 10 – Defences to Negligence Contributory negligence and comparative fault Voluntary assumption of risk (volenti) Illegality and statutory/contractual exclusions WEEK 11 – Vicarious Liability & Non-Delegable Duties Employer liability for employee torts Intentional misconduct within employment Categories of non-delegable duties (schools, hospitals, etc.)