Overview
Tort Law II develops advanced knowledge of civil liability, proof, policy, defenses, and remedies. The course examines complex negligence claims, novel duties of care, psychiatric harm, pure economic loss, omissions, public authority liability, professional and medical negligence, informed consent, occupiers’ liability, product liability, vicarious liability, non-delegable duties, trespass, nuisance, defamation, privacy, digital harms, and statutory liability.
Students analyze causation, remoteness, intervening acts, evidential uncertainty, contributory negligence, voluntary assumption of risk, illegality, limitation periods, joint tortfeasors, contribution, indemnity, and other defenses. Remedies include damages for personal injury, property loss, economic harm, and reputational injury, together with injunctions, declarations, settlement, and alternative dispute resolution. Complex hypotheticals, expert-evidence analysis, litigation strategy exercises, and a capstone tort memorandum develop advanced legal reasoning and professional written advocacy.
Learning Outcomes
- Identify actionable torts and formulate the elements of complex claims across negligence, trespass, nuisance, defamation, privacy, and statutory liability.
- Apply duty, breach, causation, remoteness, and intervening-act principles to complex factual scenarios.
- Evaluate institutional, social, and policy considerations affecting liability for public authorities, professionals, employers, occupiers, and product suppliers.
- Analyze expert evidence, uncertainty, and competing causal explanations in litigation contexts.
- Assess defenses, limitation issues, joint liability, contribution, indemnity, and the allocation of shared responsibility.
- Quantify appropriate remedies for personal injury, property loss, economic harm, and reputational injury, including equitable and procedural relief.
- Construct persuasive legal advice, pleadings, settlement positions, and alternative dispute resolution strategies.
- Synthesize doctrinal and policy analysis in a capstone tort memorandum addressing liability, evidence, procedure, and remedies.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 1 hour | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
| Practicum | 2 hours | Fortnightly | Second term |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Case analysis assignment | 15.00% |
| Assignment | Tort problem-solving exercises (2 × 10%) | 20.00% |
| Test | Expert-evidence and litigation strategy practical | 15.00% |
| Capstone | Capstone tort memorandum | 25.00% |
| Exam | Final examination | 25.00% |
Prerequisites
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.
