Description

These are the notes I used to score a high HD (87%) for Torts in T1 2020. They have everything you need and are particularly in depth for the topic of Negligence (80% of the course content).

I'm confident that with these notes, you'll do as well as I did in this subject.

Topics Covered (SEE TABLE OF CONTENTS IN SAMPLE FOR FULL TOPIC LIST)

1. INTRODUCTION, DAMAGES & COMPENSATION SCHEMES
>DAMAGES FOR PERSONAL INJURY
>COMPENSATORY DAMAGES
>TYPES/HEADS OF COMPENSATORY DAMAGES
A) ECONOMIC LOSS
B) NON-ECONOMIC LOSS
>LOSS OF AMENITIES/ENJOYMENT OF LIFE
>AGGRAVATED AND EXEMPLARY DAMAGES
>VICARIOUS LIABILITY

2. NEGLIGENCE: DUTY OF CARE
>DUTY OF CARE
1) Factual duty question: ‘Reasonable foreseeability’
2) Legal or ‘notional’ duty question
>SPECIAL KINDS OF DUTIES AND LIABILITIES

3. NEGLIGENCE: BREACH OF DUTY OF CARE
>BREACH OF DUTY
>STATUTORY PROVISIONS AFFECTING DETERMINATION OF BREACH
>S 48 CALCULUS OF NEGLIGENCE
>STANDARD OF CARE
>SPECIFIC STANDARDS

4. NEGLIGENCE: CAUSATION AND MULTIPLE TORTFEASORS
>CAUSATION
>BUT FOR TEST
>NOVUS ACTUS INTERVENIENS
>MULTIPLE TORTFEASORS

5. NEGLIGENCE: REMOTENESS OF DAMAGE
>WAGON MOUND CASES
>EGG SHELL SKULL RULE

6. SPECIAL DUTY SITUATIONS: OMISSIONS & PURE MENTAL HARM
>OMISSIONS
>LIABILITY FOR PURE MENTAL HARM

7. DEFENCES TO NEGLIGENCE
>CONTRIBUTORY NEGLIGENCE
>VOLUNTARY ASSUMPTION OF RISK
>EXCLUSION OF LIABILITY/ NOTICE

8. PRIVATE NUISANCE
>ELEMENTS
>DEFENCES

9. BREACH OF STATUTORY DUTY
>ELEMENTS
>DEFENCES


Deakin

Trimester 3, 2020


72 pages

24,062 words

$39.00

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