LAW1113: Torts

Overall, I really enjoyed Torts. I found the content very interesting and the lectures and tutorials very useful. The unit started off with an introduction to torts and alternative compensation schemes (e.g. TAC and WorkCover). We then learnt about the different types of trespass – including false imprisonment and trespass to land. We also looked at private nuisance, before covering negligence for several weeks. Lastly, we looked at pure mental harm and vicarious liability. However, whilst I did find the content interesting and the lectures and tutorials helpful, there were a couple of issues with the unit. Firstly, I didn’t like the fact that the exam was worth 70% of your overall mark. Rather than having the exam worth such a significant portion of your mark, I would have liked if the case note was worth more than 30%, or an additional assessment task. Secondly, the case note instructions we received were a bit dodgy – i.e. they were the exact same instructions we received in semester 1 for the criminal law case note. The main issue with this was that the instructions said things like “prosecution”, which was rather confusing since there is no prosecution in civil law. Nevertheless, I did quite enjoy Torts, and it was probably my favourite unit for the semester.

- 70%. The exam is open book and students are given 2 hours writing time and 30 minutes reading/noting time. Students are given a single problem scenario and are required to discuss the different torts that may be present. In your answer, you need to follow the ‘IRAC’ formula (or something similar), and talk about the various elements of each tort, salient features, counterarguments, defences, etc. In my opinion, the hardest part of the exam was the time constraints. It is virtually impossible to discuss everything there is to discuss in the 2 hours you’re given, so you need to write succinctly and fast – but know that literally no one will be able to talk about everything.

My lecturer was Gerry, who was great. His lectures were very engaging and informative, and his lecture slides were quite detailed (which I liked). I also heard good things about the other lecturers; although some negative things about the chief examiner.

Yes, and you go through one in your week 12 lectures. Additionally, your workshop booklet contains a number of practice problems which are similar to those in the exam.

4 out of 5

Lectures are recorded (with screen capture, I believe),

– 30%. Similar to Criminal Law 1, students are required to complete a case note worth 30% of their final mark. The assignment has two parts, and all students complete the case note on the same case. For part one, you analyse the material facts of the case and the reasons for the decisions of the judge(s). For part two (which is worth more marks), you write an essay (of sorts) evaluating the decisions of the judges in light of a number of factors.

I purchased the prescribed textbook, but didn’t use it very much. It definitely has a lot of useful information in it, however, I was able to get by with lecture slides and the Monash LSS Sketchnotes. If you have the money, I’d purchase it – but if not, you should be okay.

2x 1.5 hour lectures each week.
1x 1 hour tutorial in weeks 6-12 (non-compulsory).

2017, Semester 2.