Subjects under Deakin University
Document Details

Torts Exam Notes - 2017 Sem 1

User Description:
These notes should cover all areas of the course. Based off of notes written by the Unit Chair.

Thinkswap Satisfaction Guarantee

Each document purchased on Thinkswap is covered by our Satisfaction Guarantee policy. If you are not satisfied with the quality of any document, or you believe the document was incorrectly described or categorised, Thinkswap will provide a full refund of exchange credits so you can check out another document. For more information please click here.

This student studied:
Claim a Thinkswap Bounty

Do you know if the Subject listed above has changed recently? Click report to earn free Exchange Credits!

Document Information:
81 Pages Complete Study Notes 1-2 Years old
Share

5 Ex Credits


Document Screenshots:
Topics this document covers:
Tort law Law Judicial remedies Common law Damages Negligence Punitive damages Tort Personal injury Pain and suffering Intentional tort Gratuitous care
This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

What are Exchange Credits:

Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive credits. These can then be used to checkout other documents on Thinkswap.

Topics this document covers:
Tort law Law Judicial remedies Common law Damages Negligence Punitive damages Tort Personal injury Pain and suffering Intentional tort Gratuitous care
Sample Text:
Eg. Battery, assault, false imprisonment, trespass to land and trespass to goods. Unintentional torts are ones which intentional conduct is not needed and liability can be based on inadvertence. Eg. Negligence and nuisance Torts protect personal safety, security of land, psychological well-being and reputational and economic interests. Conduct which constitutes a tort can sometimes also amount to a crime. For example, if you deliberately shoot someone you will be liable for torts of battery and negligence. However, you may also be guilty of manslaughter or murder depending on the circumstances. For example, mens rea must be shown for murder, but not for battery or negligence. For torts law, the standard of proof is on the balance of probabilities (majority)...
Similar Documents to Torts Exam Notes - 2017 Sem 1

Damages

This student studied:
University of New South Wales - LAWS1061 - Torts

- Compensatory: reparation of wrong by provision of money award, to return P to pre-tort position. Consists of personal/non-economic loss and economic loss - Exemplary/Punitive: to punish D, demonstrates shared historical origin as Criminal law Overcompensates plaintiff representing departure from compensation principle. Only very modest amounts are awarded in Australia, available if D’s conduct was “high-handed, insolent, vindictive or malicious or…in some other was exhibited a contumelious disregard of the plaintiff’s rights”: (Uren v John Fairfax & Sons Ltd (1966) per Taylor J) - Aggravated: extra compensatory amount for particularly humiliating, deliberate behaviour by D Considered compensatory but resembles exemplary damages as they are not attempting to restore P CLA s21: Limitation on exemplary, punitive and aggravated damages In an action for the award of personal injury damages where the act or omission that caused the injury or death was negligence, a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages. NB: These are no longer awarded for personal injury/death arising from negligence - Nominal: token amount awarded in recognition of the technical invasion of P’s rights where no damage has been sustained (cannot be awarded in N) - Contemptuous: trivial sums to reflect jury’s believe that claim should not have been brought. (Wynbergen v Hoyts Corporation: P slipped on employer’s wet floor, awarded initial GP visit’s cost)

1 Ex Credit

View Details

Compensation For Injury, Birth And Death

This student studied:
Macquarie University - LAW405 - Remedies

Compensation For Injury, Birth And Death

1 Ex Credit

View Details

Torts Damages (1)

This student studied:
University of New South Wales - LAWS1061 - Torts

Torts Damages (1)

1 Ex Credit

View Details

MLL213 Notes for Torts Law

This student studied:
Deakin University - MLL213 - Torts

These notes are great for upcoming exams or weekly studies and covers each chapter in great detail, but also simplified to make study easier.

5 Ex Credits

View Details