HD Torts Condensed Notes + Exam Scaffold
Subject notes for USYD LAWS5001
COMPREHENSIVE EXAM/ASSIGNMENT NOTES + SCAFFOLD
USYD JD COURSE
Topic 1: Introduction: Scope and context of tort law – Structure of the course; interests protected; strict and fault-based liability; role of common law and statute; comparisons with no-fault schemes.
Topic 2: Historical background of modern tort law: the development of the trespass actions and the action on the case.
Introduction to Tort Law.
Topic 3: Trespass to the person (continued): false imprisonment.
Topic 4: The action on the case for wilful injury: the principle in Wilkinson v Downton.
Topic 5: The statutory action for nervous shock.
Topic 6: Damages for intentional torts to the person.
Topic 7: Defences to intentional torts to the person. RECORDED
Topic 8: Negligence: introduction Negligence: duty of care. General principles in novel cases.
Topic 8 (continued) Negligence: established categories of duties of care relating to personal injury.
Negligence: duties to avoid psychiatric injury.
Topic 9: Breach of duty and the standard of care in negligence. Professional standards.
Topic 10: Causation, scope of liability and remoteness of damage; the requirement of damage
Topic 12: Compensation for personal injuries
Topic 13: Vicarious liability. Non-delegable duties.
Topic 14: Concurrent, joint and/or several liability for personal injury.
Statutory contribution and indemnity rights between multiple concurrent tortfeasors.
Topic 15: Compensation to third parties of the injured/deceased person and survival claims by the deceased person’s estate. Employer’s action for loss of services.
Semester 1, 2020