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Tort Law Lecture notes _Introduction

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Tort Law Lecture notes _Introduction
Tort Law Lecture 1
Pre-lecture
Lecture Preparation:
Do the assigned readings before the lecture  get most out of the lecture
Know extracts of case  know what happen
Terminologies and definition
Read ‘lecture outlines’ for reading assignments
Review notes from previous lecture
5-10 minutes before lecture
Read learning outcomes to understand lecture objectives
Readings and lectures don’t perfectly overlap, do both
Bring the book to each class
For instructions on marking your book see website link
Powerpoint

Assessment
1st semester tutorial assignment (10% or 0%)
End-of-semester test (10% or 20%)
RMD—Reflective Media Diary (March) (20%)
Final Examination (60%)

Lecture 1
Learning outcomes
Explain in simple terms (laymen can understand)
1. What is tort law
2. What is tort
3. What are the sources of tort law
4. The broad functions of tort law within the legal system**
a. Tort law in a context of social functions  know its functions!
5. The basic similarities and differences with contract law and criminal law
6. The role of fault in tort law
7. Shortcomings of tort law
8. Alternatives to tort law

May have issues overlap  Be careful in generalisation –may have connection with criminal law and contract law

1. What is Tort law A body of legal rules (responsive) that provides a mechanism in which a victim of harm can obtain compensation against the one who caused the harm
Or
(proactive and positive) that protects us from physical harm, i.e to our person, or property (and from certain lesser interferences)
Professor comment: the former is narrower, prefer the latter as it is more interesting, but both are true
Q) How does it protect us?
A) By requiring the wrongdoer to pay money to the victim of harm
May appear to be a criminal law reason

2. Where are the Rules of Tort Law?

Case law (“common law”)
Legislation (Ordinances and Regulations)

3. Tort
Latin word, French language—it means wrong (teacher says

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