University of Melbourne
This subject explores a core area of private law: the law of torts. It builds upon skills introduced in the foundational subject, Legal Method and Reasoning, with respect to the interpretation and application of both cases and statutes. The majority of the subject will focus on the tort of negligence. While traditionally a domain of the common law, the law of torts (especially negligence) has increasingly received attention from the legislature in all Australian states and territories. This area of law therefore provides an exciting and challenging opportunity to investigate the interaction (and, at times, tensions) between judge-made law and legislation. In addressing this interaction, students will consider the functions and objectives of tort law.
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