When a student suffers a disruption to study which is ‘serious and unavoidable’ they may apply for special consideration. In order to do so the student must meet the criteria under the Macquarie University "Disruption to Studies" policy and be approved by the Unit Convenor.  Applications are made online at ask.mq.edu.au. Outcomes for recognized serious and unavoidable disruptions to studies are as set out in the University schedule - http://www.mq.edu.au/policy/docs/disruption_studies/schedule_outcomes.html

When a disruption to study is not serious or unavoidable, the approach to special consideration and the impact on your assessment will be as follows.

1. Marked Attendance for tutorial: Internal students may miss two tutorials without excuse. An internal student who misses more than two tutorials or an external student who misses part or all of the on-campus session must provide a valid reason for the non-attendance, supported by appropriate documentation. Internal students who have more than three unauthorised absences will fail the unit regardless of other completed assessment items. External students who fail to attend the On-Campus Session without authorisation will fail the unit regardless of other completed assessment items.
2. Graded Participation for tutorial: An internal student who has a valid and documented reason for missing more than two tutorials or an external student who has a valid and documented reason for missing part or all of the on-campus session will be required to provide work in lieu.
3. Final Examination (absence): no special consideration; grade of zero.
4. Final Examination (performance affected): no special consideration.
5. Final Examination (preparation affected): no special consideration.
6. Assessment Task (other than final examination) (preparation affected): no special consideration.
7. Assessment (other than final examination) (late submission): no special consideration; grade of zero.
8. Assessment (other than final exam) (ongoing impact on performance): consideration will be given to the following: extension of time to complete an assessment task; provision of an additional assessment task; recommendation to withdraw.

1. Resources

1) H. Luntz, D. Hambly, K. Burns, J. Dietrich and N. Foster, Torts: Cases and Commentary, (7 ed, 2013).

2) Civil Liability Act 2002 (NSW)

3) Lectures and associated materials

4) Primary and secondary source materials (eg. cases, statutes, articles)

5) Online materials

6) Seminar activity materials

Suggested materials for further reference include:

JOURNALS

• The Torts Law Journal,
• Australian Civil Liability,
• Torts Law Review

ONLINE MATERIALS

Example: Australian Torts Reporter (CCH Online) = providing the latest detailed commentary, cases and legislation related to torts law jurisdictions across Australia.

TEXTS

Carolyn Sappideen, Prue Vines, Penelope Watson, Torts: Commentary and Materials (Law Book Co/Thomson Reuters, 11th  ed, 2012).

Martin Davies and Ian Malkin, Torts (LexisNexis Butterworths, 6th ed, 2012) – text and short case extracts; also helpful for guidance on hypotheticals (examples, feedback, practice). Julia Davis, Connecting with Tort Law (Oxford University Press, 2012).

Tim Paine, Torts, Q&A series (LexisNexis Butterworths, 3rd Ed, 2012) helpful for guidance on hypotheticals (examples, feedback, practice); Ch 1 is useful on interpreting the Civil Liability legislation; Ch 11 contains revision questions.

2.Teaching and Learning Activities

Each week students will be required to engage with the teaching and learning activities in order to develop the expected proficiency in The Law of Obligations II - Torts.  

Note that students should understand that, as is the case in other disciplines, most learning occurs outside the classroom for law-related studies. Students are expected, as adults in the higher education system, to assume responsibility for much of their own learning; and as university students completing a JD-level law degree, are expected to exercise a high level of autonomy and professionalism toward their studies.  Academics will have put in a significant amount of time and effort into designing and preparing materials, which includes both delivery of content and guiding students to other resources that will aid their learning. They are available to discuss, provide feedback, and respond to questions however, the student is ultimately responsible for engaging with the required materials and completing the required tasks.

Specific Activities Each Week:

On the subject page in iLearn, at the top of each week, will be a list of topics to be covered in that week. Students are required to engage with other materials placed online (at iLearn) and beyond. The pattern of study for each week should include that students:

1.    Read the ‘Topic Overview’ pages

2.    Listen to lectures/short information recordings;

3.    Watch videos (when relevant);

4.    Complete

       a.    the assigned readings – which will include such things as reading of the text, common law judgments, statutes,  and other secondary sources – and engage in note taking. (Note taking is an active form of learning which helps students order information in a way that they understand it, and aids in retention and ability to recall information);

        b.    any further activities placed online (eg. self-test quizzes, etc).

5.    Prepare draft answers to seminar questions.

You are encouraged to communicate and collaborate with other students when engaging with the above pattern of study.

NOTE: engaging each week with the above pattern of study will improve your learning and ability to analyse legal issues and critique the law. As the semester progresses, students will find their ability to read legal materials will improve.  Mirroring that change, the subject’s pace quickens as the semester progresses.

Tip: Always look up and learn unfamiliar phrases in a law dictionary.

Seminar Groups

Seminar groups provide an opportunity to discuss what you have read, evaluate your reading from new perspectives and share your ideas with classmates. Classes will help students ‘make sense’ of the reading, and give them regular opportunities to practise analytical skills.  In order for the classes to work successfully, students must come ready to ask and answer questions.  The seminar leader will act as a guide, but the discussion should be dominated by students. Again, all students are encouraged to work with others in preparing notes and completing seminar questions.

Remember to engage with the materials studied and participate in class.  Try not to be shy: relax, and make the most of the chance to discuss moral, ethical, and legal issues. You have the opportunity to hear what other students have to say, and a chance to teach one another. Active class participation can produce an inspiring, stimulating, learning experience, whereby you can and will learn from each other as well as from your lecturer.  An important immediate consequence of learning in this fashion, where class discussion will challenge your thoughts and understanding of the material studied, is that you will have to learn to read acutely.

General Matters

Don’t become anxious if you fall behind on occasion.  However, try not to fall too far behind, too often!  It is your responsibility to catch up if you have fallen behind. While guidance and advice can be provided by your lecturers, the onus will be on you to catch up.  Lecturers are not in a position to re-teach material that has already been discussed in classes you have missed.

Please check your e-mail and the Torts iLearn page for important information relevant to Torts,  guest speakers, video presentations, etc.  

If you have any questions or comments about the subject, the reading or the way in which your studies are progressing, be sure to talk to your seminar leader or Unit Convenor.

Note that the University has schemes in place that provide learning and well-being support.

3. Feedback

There are a number of opportunities offered to students during the semester to find out how you are progressing in Law of Obligations II - Torts. Students have a role in ensuring that they exploit opportunities for feedback. While there are several ways in which feedback is provided, it is important to realise that any initiative to give quality feedback can only work in an atmosphere in which both students and lecturers are actively engaged with one another throughout the semester in the teaching and learning process. Effective and useful feedback opportunities in Torts include formal and informal methods. These include the following: 

a) Answering questions during and after class:  this is a useful form of feedback, as the responses given to your queries verify your understanding of particular issues.

b) Learning from one another: students are encouraged to form study groups so that they can take advantage of the opportunity to learn from one another.

•  Course Content: Study groups for engaging with course materials generally can be as formal as meeting    regularly throughout the semester, or as informal as meeting once or twice, for example, to discuss how you are going in the subject.
• Seminars: students are encouraged to form study groups and work together (either in person or online) to practice and prepare draft answers/notes regarding set problem-based questions prior to seminars. Engaging with the seminar questions and activities, and attendance at the seminars, provides you with an opportunity to receive feedback from the lecturer and other students that will help you develop your skills and understanding without being assessed (graded) on the answer you have provided. Note: your actual answers for the seminars are not graded, but your participation and preparation are.
• Group feedback: You can also arrange to meet with the lecturer as a group to get feedback on the group’s analysis of problem questions.
• Assignment: You will be required to engage in a group (paired) assignment.

c) Constructive and effective use of e-mail/online forums to provide quick help: E-mail/discussion on online forums (with fellow students and/or the lecturer) can be an effective way to obtain quick feedback. Such mediums are useful for answering brief, pointed, discrete queries. Note, though, that some questions are better dealt with in person (for example, because of the complexity of the question).  In emailing the lecturer, it is helpful to provide a telephone number where you can be reached so the lecturer can seek clarification of your question and offer a better response if necessary.

d) Weekly meeting or interview times: members of academic staff set time aside each week to meet with students (in addition to other meetings you may wish to arrange with them). We encourage you to use this regularly scheduled meeting time effectively. This is a genuine opportunity for one-on-one or small group feedback.

e) Comments on your Assignment: these provide useful assistance for improvement purposes. You can also make an appointment to see your lecturer to receive additional oral comments on your paper.  Such meetings are an invaluable tool for you to improve your hypothetical and essay writing skills.

Each week a topic overview which includes reference to the required readings is posted on ilearn, along with other resources that students are required to read, watch, listen to, or otherwise complete. Separate tutorial activities will also be posted online.