6 points, SCA Band 3, 0.125 EFTSL
Postgraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).
Not offered in 2019
For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
Previously coded as LAW7645
This unit examines selected areas of torts law from a comparative and international perspective. It analyses current issues and emerging trends across common law and civil law jurisdictions.
The topics covered include the following:
- aims and methods of comparative legal studies;
- development of tort law in common law and civil law jurisdictions;
- Europeanisation of tort law;
- liability for pure economic loss;
- liability for psychological harm;
- liability for 'wrongful life' and 'wrongful birth';
- proof of causation; and
- protection of privacy.
On completion of this subject, students will be able to:
- apply knowledge and understanding to the jurisprudence and practice of torts law;
- investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the function and evolution of modern torts law across jurisdictional boundaries;
- conduct research into the fundamental aspects of international perspectives on torts law, based on knowledge of appropriate research principles and methods; and
- use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to the interaction of torts law and related areas.
Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%
Students enrolled in this unit will be provided with 24 contact hours of seminars per semester [in Prato they will have 36 contact hours] whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.