Overview
This foundational course introduces the principles of tort law and the allocation of responsibility for civil wrongs arising outside contractual relationships. It examines the purposes and boundaries of tort law, including compensation, corrective justice, deterrence, loss distribution, and protection of legally recognized interests.
The principal focus is negligence, including duty of care, foreseeability, proximity, policy considerations, breach, the reasonable-person standard, professional and public-authority liability, factual and legal causation, remoteness, intervening acts, and damage. Additional topics include psychiatric harm, economic loss, pure omissions, occupiers’ and products’ liability, statutory and common-law duties, and selected intentional torts such as trespass to the person, trespass to land, nuisance, conversion, and defamation.
The course addresses defenses and limitations, including contributory negligence, consent, illegality, necessity, limitation periods, statutory immunity, and voluntary assumption of risk. Students develop skills in case synthesis, precedent-based reasoning, evidence and loss assessment, remedies, and civil-litigation analysis, with application to both claimant and defendant advice.
Learning Outcomes
- Identify the protected interests and legal issues arising from factual scenarios involving tortious conduct.
- Explain the elements and governing principles of negligence and selected intentional and related torts.
- Apply authoritative precedent to novel facts and distinguish breach, causation, remoteness, and damage.
- Evaluate evidence, loss, defenses, limitation issues, and competing policy arguments in civil claims.
- Assess the availability and appropriateness of remedies, including damages and injunctions.
- Construct clear, supported, and professionally structured advice for claimants and defendants.
- Synthesize statutory provisions and common-law principles in written civil-litigation analysis.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 1 hour | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Negligence problem question | 20.00% |
| Assignment | Case commentary | 15.00% |
| Deliverable | Client advice letter | 20.00% |
| Tutorial | Tutorial participation and preparation | 10.00% |
| Assignment | Comparative tort policy analysis | 15.00% |
| Exam | Final examination | 20.00% |
Prerequisites
- Requirement 14 NCEA Level 2 English credits, externally assessed
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
