Unit convenor and teaching staff |
Unit convenor and teaching staff
Lecturer/Convener
Helen Haslem
Contact via iLearn
W3A 341
TBA
Tutor
John Eldridge
Contact via iLearn
W3A 341
TBA
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
LAW109 and (LAW204 or LAWS104) and (admission to LLB or BAppFinLLB or BALLB or BA-MediaLLB or BA-PsychLLB or BBALLB or BComLLB or BCom-ProfAccgLLB or BEnvLLB or BITLLB or BIntStudLLB or BPsych(Hons)LLB or BScLLB or BSocScLLB)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit examines the law of torts and its operation in context from doctrinal, practical and theoretical perspectives. The unit builds on and extends knowledge and skills gained in previous law units, with particular emphasis on skills of oral and written communication, problem solving, and analysis of primary source material. Torts addresses critical questions about social responsibility and obligations members of a community owe to one other, and how civil legal standards can and should be used to encourage appropriate behaviour and rectify wrongs. Negligence is the principal focus; other topics studied include intentional torts, nuisance and different types of liability.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
To assist you in planning your time, as a general guide:
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Any student who is unable to complete the Final Assessment or who completes the Final Assessment but then makes a successful application for Disruption to Studies will be provided with an alternative assessment. This may be in the form of an oral examination to be conducted by the unit convenor.
Students will be expected to upload drafts of their assessments into Turnitin. If a student successfully applies for an extension due to a ‘Disruption to Studies’, the convenor will take into account the quality of the draft assessment.
Name | Weighting | Due |
---|---|---|
Assignment 1 | 0% | Friday Week 4 (21/8/15) |
Assignment 2 | 30% | Friday Week 7 (11/9/15) |
Final Assessment | 50% | Sunday 15/11/15 |
Tutorial participation | 20% | Entire semester |
Due: Friday Week 4 (21/8/15)
Weighting: 0%
Hypothetical legal problem (ungraded)
Due: Friday Week 7 (11/9/15)
Weighting: 30%
Hypothetical legal problem and essay questions
Due: Sunday 15/11/15
Weighting: 50%
Hypothetical legal problem and essay questions
Due: Entire semester
Weighting: 20%
Active participation in tutorials, including discussion, collaborative legal problem solving, mooting, reflection and debate, and attendance at a minimum of 10 of 12 tutorials over the semester
The unit is delivered by way of one 2-hour lecture and one tutorial each week. There is no tutorial in week 9 due to the public holiday on the Monday of that week. The week 9 lecture will be available via iLearn. There will be tutorials in every other week of the semester, including weeks 1 and 13.
For class times and classrooms please consult the MQ Timetable website: http://www.timetables.mq.edu.au. This website provides up-to-date information on classes and rooms.
DAY |
TIME |
ROOM |
LECTURER |
Monday |
8am (2hr lecture) |
W2.4A MQTH |
Helen |
Tutorial times and rooms
DAY |
TIME |
ROOM |
TUTOR |
Monday |
10am |
C5A 404 |
TBA |
Monday |
10am |
X5B 134 |
TBA |
Monday |
11am |
C5A 404 |
TBA |
Monday |
11am |
W5C 232 |
TBA |
Monday |
12pm |
C5A 404 |
TBA |
Monday |
1pm |
E5A 150 |
TBA |
Monday |
2pm |
W5C 232 |
TBA |
Monday |
3pm |
E5A 180 |
TBA |
Friday |
11am |
W6B 215 |
TBA |
Friday |
12pm |
W5A 205 |
TBA |
Friday |
1pm |
E5A 170 |
TBA |
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Friday |
3pm |
TBA |
TBA |
Friday |
4pm |
C5A 301 |
TBA |
You are required to obtain the following materials only:
Carolyn Sappideen, Prue Vines, Penelope Watson, Torts: Commentary and Materials (Law Book Co/Thomson Reuters, 11th ed, 2012)
Civil Liability Act 2002 (NSW) (download from austlii or via the library)
For reference or further study any Australian Torts text or annotation that is up to date will be suitable. We recommend:
Dominic Villa, Annotated Civil Liability Act 2002 (NSW) (Thomson Reuters, 2nd ed, 2013)
Rosalie Balkin and JLR Davis, Law of Torts (Lexisnexis Butterworths, 5th ed, 2013)
Tim Paine, Torts, Q&A series (LexisNexis Butterworths, 3rd ed, 2012) – helpful for guidance on hypotheticals (examples, feedback, practice), chapter is useful on interpreting the Civil Liability legislation, chapter 11 contains revision questions
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)
Pam Stewart and Anita Stuhmcke, Australian Principles of Tort Law (Federation Press, 3rd ed, 2012)
Kit Barker, Peter Cane, Mark Lunney, Francis Trindade, The Law of Torts in Australia (Oxford University Press, 5th ed, 2011)
Torts Law Journal, Australian Civil Liability, Tort Law Review, and Australian Torts Reporter
This unit uses iLearn, iLecture (Echo 360); Grademark and Turnitin
Week |
Description and readings |
1 |
Introduction to torts: law and theory; introduction to intentional torts READING: Ch 1, pp 3-22; Ch 2 pp 25-37 |
2 |
Intentional interference with the person, trespass to land, interference with chattels READING: Ch3, pp39-68, Ch 4 pp 77-90; Ch 5 pp 98-128 |
3 |
Defences to intentional torts READING: Ch 6 pp141-175; Ch 16 pp 760-777 |
4 |
Negligence: duty of care - general principles READING: Ch 7 pp 179 -227 |
5 |
Negligence: duty of care (cont) - categories of harm READING: Ch 8 pp 230 -278 |
6 |
Negligence: duty of care (cont) - special parties READING: Ch 8, pp 278-301; Ch 9 pp 303-326 |
7 |
Negligence: duty of care (cont) - special parties (cont) READING: Ch 9 pp 326-375 |
Mid-semester recess – OCS 21 & 22 September |
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8 |
Negligence: standard of care and breach of duty READING: Ch 10 pp 378- 422 |
9 |
Negligence: standard of care and breach of duty (cont) READING: Ch 10 pp 422-445 and 451-471 The lecture for this week will be iLecture only (Monday public holiday) There will be no tutorials this week |
10 |
Negligence: damage, causation, remoteness READING: Ch 11, pp 474 -502 |
11 |
Negligence: damage, causation and remoteness (cont) READING: Ch 11 pp 502-548 |
12 |
Negligence: concurrent liability READING: Ch 13 pp 621-667 |
13 |
Negligence: defences READING: Ch 14, pp 674-713
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Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
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This graduate capability is supported by:
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This graduate capability is supported by:
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This graduate capability is supported by:
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This graduate capability is supported by:
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This graduate capability is supported by:
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This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
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This graduate capability is supported by:
There have been no changes made to previous offerings of this course.