units

LAW4154

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedNot offered in 2011

Synopsis

The relationship of the codes, legislation and judicial decision making. Topics from the law of tort including liability arising from damage caused by things in custody, from dangerous activities and from the use of the automobile. Product liability. An example from contract/tort - letters of comfort. Research on civilian methodology in an area of choice.

Objectives

This unit exposes students to the major legislative accomplishment of modern continental legal systems - the civil code. Students will read and analyse, in translation, extracts from the civil codes of Italy, France and Germany, cases - both at first instance and on appeal - as well as constitutions and ordinary legislation. Students who successfully complete the subject should

  1. comprehend the importance of, and character of, a code;
  2. become acquainted with the methodology of judges and lawyers whose systems are based upon codes; and
  3. acquire a comparative perspective on selected substantive law areas, eg tort.

Assessment

Research paper (4000 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50% OR Research paper (4000 words): 50%
Oral discussion: 50%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW2100 or LAW2101 and LAW2102; LAW2200 or LAW2201 and LAW2202