MAJOR RESEARCH ASSIGNMENT
The NSW Court of Appeal decision in Minister Administering the Environmental and Planning Assessment Act 1979 v San Sebastian [1983] 2 NSWLR 268 concerned liability for pure economic loss in the tort of negligence. However, Glass JA made the following general comment about establishing liability in the tort of negligence:
"a recognition has emerged that the foreseeability inquiry at the duty, breach and remoteness stages raises different issues which progressively decline from the general to the particular."
Discuss Glass JA's analysis and its application in WA to liability for personal injuries in the tort of negligence. The arguments in your discussion should be supported by citing case-law and statutory authorities where appropriate. In particular, your discussion should address the following:
(a) whether his analysis was correct at the time in identifying the different meanings of reasonable foreseeability required to establish the duty, breach and remoteness elements for such liability;
(b) whether his analysis has been reflected in later case-law or statutory provisions, particularly the Civil Liability Act 2002 as amended (WA); and
(c) whether under current WA law the presence of reasonable foreseeability is sufficient in itself to establish any of those three elements.
LENGTH OF RESEARCH ASSIGNMENT, CITATION AND NON-DISCRIMINATORY LANGUAGE
Your research assignment must not exceed 1,500 words, inclusive of footnotes and quotations, but exclusive of your bibliography. Marks may be deducted for any research assignment in excess of this prescribed word limit. You should clearly mark your word count on the front page of your research assignment. Your research assignment should adhere to the citation standards prescribed by the Australian Guide to Legal Citations, 3rd edition. It should also avoid the use of discriminatory language. For further information, please refer to the Unit Plan for LAW1117.
PURPOSE AND BASIS OF THE ASSESSMENT
This research assignment is worth 20% of your total assessment in LAW1117. The aim is to encourage you to think about the principles underlying three of the main elements in the tort of negligence. It should also develop your ability to carry out informed and independent legal research of primary and secondary legal materials, a generic skill essential to the study and practice of law. Your research assignment will be assessed on your demonstrated competence regarding these expected learning outcomes. In particular, it must demonstrate your understanding of those underlying principles.
Your research assignment should be submitted with a completed ECU Assignment Cover Sheet before 11.59 pm on Sunday, 17 April, 2016 (start of Week 8). Submission should be online via the link in the Assessment area of the unit site on Blackboard. For information on obtaining an extension of time, and penalties imposed for late submission, see your Unit Plan for LAW1117.
USE OF SECONDARY MATERIALS
Please use any secondary materials responsibly. Secondary materials such as law journal articles, monographs and major texts should primarily be used as a source for different views or arguments. They should not be a substitute for your own reading of primary sources, such as key cases and statutes.
ACADEMIC MISCONDUCT POLICY
Your attention is drawn to the position of ECU regarding plagiarism, other academic misconduct and penalties, as summarized in the Unit Plan for LAW1117.
Other significant references and resources
library database under CCH IntelliConnect
In previous years, the following texts have also been useful to refer to from time to time (see Closed Reserve of the Library):
- Sappideen, C, Vines, P, and Watson, P, Torts, Commentary and Materials, 11th ed. Thomson Reuters, 2012.
- Mendelson D, The New Law of Torts, 2nd ed. Oxford University Press, 2010.
Other significant resources include (see Closed Reserve of the Library):
- Balkin, R P & Davis, J L R, Law of Torts, 4th ed., Lexis Nexis, 2009. This text provides an excellent study of the law of torts in Australia as at November 2008.
- Blay, S, Gibson, A and Richards, B, Torts Law In Principle, 4th ed. Thomson Reuters, 2005. This text presents each topic in a clear and accessible style using a variety of devices, such as flow charts, diagrams, tables, questions, and sample answers, to explain the materials. Summary tables also provide a useful representation of the reforms implemented by the civil liability legislation.
- Stickley, A, Australian Torts Law, 3rd ed. LexisNexis, 2012. This text also provides an excellent overview of the law of torts in Australia. It has the advantage that the chapters on negligence have been written with a focus on the civil liability legislation.
- Paine, T, Butterworths Questions and Answers, Torts, 3rd ed,. LexisNexis, 2012.
- Stewart, P and Stuhmeke, A, Australian Principles of Tort Law, 2nd ed. Federation Press, 2009.
- Trindade, F, Cane, P and Lunney, M, The Law of Torts in Australia, Oxford University Press, 2007. This provides an excellent and detailed overview of the law of torts.
- Withnall, S, Walsh G and Rooney, P, Torts, LexisNexis Study Guide, 2nd ed. LexisNexis, 2012. This has proved popular with students for revision in past years.
Other materials that students may wish to consult for further reference include, without limitation:
- Clarke & Lindsell on Torts, (Latest ed), Sweet & Maxwell.
- Commonwealth Review Panel, Review of the Law of Negligence: Final Report (September 2002)
- Dal Pont G , Lawyers' Professional Responsibility in Australia and New Zealand , 5th ed. Thomson Reuters 2012
- Douglas R J et al, The Annotated Civil Liability Act 2003 (Qld), 3rd ed. Lexis Nexis, 2012
- Finn, P D (ed), Essays in Torts, Thomson Reuters, 1989.
- Fleming, J, The Law of Torts. 9th ed. Thomson Reuters, 1998 (PDF copy in library)
- Sappideen, C, and Vines, P, Fleming's The Law of Torts, 10th ed. Thomson Reuters, 2011
- Gardiner, D, & McGlone, F, Outline of Torts (Latest ed.) LexisNexis.
- Law Council of Australia, Tort Law Reform Resource Kit, 2004
- Luntz, H, & Davies, M, Torts Law Journal, LexisNexis - Note you can access this journal online through ECU Library's LexisNexis database. This journal provides excellent commentary on the law of torts, and you are encouraged to read this journal.
- Luntz, H, Assessment of Damages for Personal Injury and Death (Latest ed) LexisNexis
- N Mullany (ed), The Tort Law Review (Thomson Reuters)
- Morrison, W L, & Sappideen, C, Torts: commentary and materials. (Latest ed), Thomson Reuters.
- Mullany, N J (ed), Torts in the Nineties, Thomson Reuters, 1997
Useful websitesinclude:
- www.slp.wa.gov.au
- www.lawcouncil.asn.au/tortreform
- www.austlii.edu.au/
- https://www.weblaw.edu.au/weblaw/display_page.phtml?WebLaw_Page=Torts
- AGIS Plus Text - excellent source of journal articles
- FirstPoint, - excellent research tool, especially for case law
- LexisNexis Au - excellent research tool, especially for case law
- LAWLEX: Legislation Gateway and Annotator