1. LAWS11064 Torts B Module 1 – Tort Law Refresh

2. Lecture Outline Welcome to the course Tort law – in general Law reforms Vicarious liability; damages; survival and wrongful death actions; multiple tortfeasors and limitation periods Legal skills Torts Refresh Course structure Introduction to tort of negligence This term

3. Objectives At the end of this module you should be able to: Understand the essence of tort law as a branch of the law of civil obligations; Explain, in general terms, the basic elements of tortious liability; Explain, in general terms, how the legislative reforms to personal injury law have impacted on the operation of the law; Discuss the impact of social/economic/political conditions on the development of tort law; and Recall the aims and functions of tort law.

4. Welcome to the course Course Coordinator: Anna Farmer Contact Details: –a.farmer@cqu.edu.aua.farmer@cqu.edu.au –Ph (07) 4930 6874 –Skype: anna.farmer80 –Contact me for Zoom –Virtual Office Hours: 11am-1pm Thurs For general course queries see course discussion boards on

5. Course Overview

6. Course overview cont. In term assignments Please see course profile and assignment pages on Moodle for details Final Exam End of term 3 hr invigilated, open book exam. Worth 50% of marks. Moodle Remember to check the Moodle site, especially the forums at least twice every week. Use the discussion forums to interact with others.

7. What do we know about torts so far? What is tort? “civil wrong” Distinction between trespass and action on the case The ‘fault’ principle Theories of tort –objectives and rationales: compensation, deterrence, retribution, punishment, corrective justice, economic theory, feminism. Common law, Statute and legislative reforms of 2002-03

8. Key concepts revisited Vicarious liability: –Often seen in employer/employee rship, including employer liability for negligent acts of employee towards another employee. –Requires 3 elements: Primary liability (tort committed by worker) Worker is employee (control; organisation; multi- facet tests) Tort committed in course of employment (Salmond test, ‘close connection’, ‘enterprise risk’, frolic doctrine)

9. Key concepts revisited Damages – we cover the substantive content regarding damages again in module 8. Survival actions – governed by legislation, eg. Succession Act 1981 (Qld). Wrongful death actions – governed by legislation Multiple tortfeasors – joint, several, successive. Limitation of Actions – governed by legislation, eg. Limitation of Actions Act 1974 (Qld)

10. Key skills Approaches to problem questions – I.R.A.C Citing legal authority, not your opinion Reading cases in full & writing your own case summaries Communication skills Teamwork Reflection.

11. This term: topics Negligence, inc remedies (modules 2 – 8) Defamation, inc remedies (module 9) Economic torts & product liability (module 10 and 11)

12. This term: themes The role of the common law Policy or principle – the role of judicial activism Legislative reforms to tort law

13. This term: negligence The tort of negligence –Interplay of common law, statute and insurance –Contemporary issues impact on law Recognition of new categories of harm: economic loss and psychiatric injury –Legislative reforms of 2002-03 impacted most prevalently on negligence –Negligence and tort law objectives: Does tort law adequately compensate?

14. Review In this module you have learned to: Understand the essence of tort law as a branch of the law of civil obligations; Explain, in general terms, the basic elements of tortious liability; Explain, in general terms, how the legislative reforms to personal injury law have impacted on the operation of the law; Discuss the impact of social/economic/political conditions on the development of tort law; and Recall the aims and functions of tort law.

15. Acknowledgements – References Danuta Mendelson, The New Law of Torts (2 nd ed 2010), published by Oxford University Press. Rosalie Balkin and Jim Davis, Law of Torts (4 th ed, 2009) published by LexisNexis Butterworths. Julia Davis, Connecting with Tort Law (2012) published by Oxford University Press. Bernadette Richards, Karinne Ludlow and Andy Gibson, Tort Law in Principle (5th ed, 2009) published by Thomson Reuters Lawbook Co. Frances McGlone and Amanda Stickley, Australian Torts Law (2nd ed 2009) published by LexisNexis Butterworths. Martin Davies and Ian Malkin, Torts (Focus Series, 6 th ed, 2012) published by LexisNexis Butterworths. Carolyn Sappideen, Prue Vines, Helen Grant and Penelope Watson, Torts Commentary and Materials (10 th ed, 2009) published by Thomson Reuters Lawbook Co. Sarah Withnall Howe, Greg Walsh and Patrick Rooney, Torts (LexisNexis Study Guide, 2 nd ed, 2012) published by LexisNexis Butterworths.