This course is not currently offered, please contact the school or faculty of your program.

Course description

NOT 2007. This course is designed to introduce students from the People's Republic of China and Australia to the sources and philosophical foundations of tort law in each country. The course will compare the fundamental concept of a tort under the Chinese Code of General Principles of Civil Law (GPCL), which has its roots in German law, with the fundamental concept of a tort in Australia at common law, which has its roots in English law. Principles of fault liability, presumed fault, liability without fault and equitable liability under the GPCL are examined in the context of the philosophical foundations of fault in tort law in Australia. Issues of risk, causation and damage will be examined together with a comparison of the defences and remedies in each country. Case studies will be included.