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LEGT1710, Week 8 Lecture - Assignment 2 LEGT 1710 BUSINESS...

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1 LEGT 1710 BUSINESS AND THE LAW Week 8 Introduction to Tort Law Lecturer: Dr Leela Cejnar © 2012 The University of New South Wales Sydney 2052 Australia The original material prepared for this guide is copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be addressed to the Head of School, Taxation and Business Law, UNSW, Sydney 2 Assignment 2 REMEMBER: Due week 9: ¾ Online: Monday 17 September by 5pm ¾ Hardcopy: Tuesday 18 September by 5pm (to ASB assignment box) ¾ See Course Outline (paragraph 4.4) for submission details 3 Today’s lecture What is a “tort” Different types of torts Duty of care/Standard of care/Breach of duty of care at common law Duty of care/Standard of care/Breach of duty of care and Civil Liability Act 2002 (NSW) Key sections of the Civil Liability Act 2002 (NSW) Causation/Remoteness and proving negligence Defences 4 Overview On completion of this week in you should be able to: 9 Explain what is a “tort” 9 Explain the different types of torts and the different methods of categorising torts 9 Explain what is meant by duty of care/standard of care/breach of duty of care at common law and pursuant to key sections of the Civil Liability Act 2002 (NSW) 9 Explain what are causation and remoteness under the law of tort 9 Identify the main defences to torts 5 What is a Tort? “Tort” = French for “wrong” In legal terms, a tort is a civil wrong Wrongdoer = the tortfeasor 6 Tort Law The law of tort is an area of the law that often only becomes relevant to people and businesses after the happening of a ‘loss-making event’ This loss can be an economic or physical loss
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7 What is Tort Law about? The law of torts concerns the obligations of persons: to respect the safety, property, reputation and business and economic interests of their neighbours as a matter of cause and effect and as a duty to compensate for wrongfully caused harm after the fact 8 The purpose of Tort Law Enforces the DUTY OF CARE between people: ¾ Seeks to protect the rights of every individual ¾ These rights are given by both case law and statute (the Civil Liability Acts) 9 Where do you find Tort Law? Common law ¾ Used to be almost exclusively part of the ‘judge made’ law – had to look at principles derived from the cases Statute law/legislation ¾ Now much of the ‘judge made’ law is covered by the Civil Liability Acts in each state ¾ In this unit, we only look at the Civil Liability Act 2002 (NSW) 10 Tort Law versus Contract Law Contract law: Concerned with having promises performed Rights arise from agreement of the parties Tort law Duty arises independently of the consent of the parties 11 Tort Law versus Criminal Law Criminal proceedings are brought in the name of the government (the prosecution)
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