Faculty of Law Undergraduate Handbook - Faculty of Law - The ...

Content Outline:1. An introduction to key concepts and principles.2. The Legislative branch: evolution of the law-making power of the New Zealand Parliament, the nature of legislativepower, the concept of parliamentary supremacy, the impact of factors suggesting limits on that supremacy; theinterpretation of enactments in light of individual rights including those affirmed in the New Zealand Bill of RightsAct 1990, the doctrine of parliamentary privilege.3. The Executive branch: an introduction to Cabinet, responsible government and the formation of governments, theconcept of the Crown, the powers of the executive including royal prerogative powers, the role and powers of theGovernor-General. May also include introduction to the Official Information Act 1982, public interest immunity.4. The Judicial branch: source and nature of judicial power, judicial independence, contempt of court, judicial immunity.5. The New Zealand Bill of Rights Act 1990: its basic operation and selected case studies concerning particular rights.6. Introduction to administrative law: legal controls on the power of public bodies and agencies, including theprinciples of natural justice, and delegated legislation.7. The Maori dimension: common law doctrine of aboriginal title, the Treaty of Waitangi, and their implications in thefield of Public Law.Assessment:Final Examination (Plussage: Test 20%, Essay 10%) Completion of the Tutorial Essay is a course requirement.LAW 231 — Law of TortsCredit Points: 30 pointsOffered: Full-yearContact Hours: Lectures — 3 hours per week, tutorials — 8 tutorialsCoordinator: Associate Professor Rosemary TobinPrerequisites: LLB Part ICorequisite: LAW 299Course DescriptionThe law of torts, a private law subject, is part of the law of civil obligations and covers personal wrongs (not includingbreaches of contract) that can be compensated by way of an action for damages. The law is largely to be found indecisions of the court rather than in statute. The most important exception to this in New Zealand is the InjuryPrevention, Rehabilitation and Compensation Act 2001. This Act bars all claims for damages arising directly orindirectly out of personal injury or death where the personal injury is caused by an accident, medical misadventure oran occupational disease. This means that in New Zealand tort actions are generally concerned with loss, such asfinancial damage, that is not personal injury.Content OutlineThere are numerous torts, not all of which can be covered. The emphasis is on those torts that best illustrate thegeneral principles and which arise most frequently in practice.Approximately one half of the course is devoted to the law of negligence. This tort is the principal means by which thelaw provides compensation for loss caused by another’s carelessness. A study is made of the essential features of thetort: the duty of care, breach, issues of causation, foreseeability, remoteness of damage — and then its application inspecific instances is considered.Other torts that are studied include the intentional torts relating to trespass to the person — battery, assault, falseimprisonment and intentional infliction of emotional distress — trespass to goods, trespass to land, nuisance, privacyand defamation.AssessmentFinal Exam (Plussage: Test 20%, Essay 10%) Completion of the Tutorial Essay is a course requirement.26 | 2010 Faculty of Law Handbook