Students

LAW 203 – Torts

2015 – S2 Day

General Information

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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
Credit points Credit points
3
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)
Corequisites Corequisites
Co-badged status Co-badged status
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.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Identify the authoritative sources of tort law in Australia through a combination of knowledge of tort law and legal research
  • Competently synthesise and interpret case law and statute law applicable to tort law problems
  • Describe the elements of a cause of action for each of the intentional torts and negligence
  • Apply knowledge of tort law to analyse and evaluate legal problems
  • Evaluate and critique legal reasoning in significant tort law cases and lines of authority
  • Discern problems and gaps in tort law (case law and legislation) and areas of contention for legal argument or development
  • Express arguments clearly, logically, concisely, in plain English and with supporting legal authority
  • Judge which of competing arguments in tort law is more likely to be accepted by Australian courts and explain your reasoning
  • Describe the theoretical approaches to tort law
  • Debate current policy issues in tort law
  • Evaluate how tort law and developments impact on the work of legal practitioners and legal managers in public and private practice
  • Present legal or policy advice or argument in a balanced, professional and audience-appropriate style
  • Analyse and solve problems collaboratively
  • Reflect on how you have analysed legal problems and policy issues and incorporate lessons learned

General Assessment Information

Time required to complete assessments

To assist you in planning your time, as a general guide: 

  • Assignment 1 is designed to be completed in 2 days.
  • Assignment 2 is designed to be completed in 2 days.
  • The Final Assessment is designed to be completed in 3 days. 

Word limits

Word limits will be strictly applied and work above the word limit will not be marked. 

Assessment submission

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.  

Supplementary examinations

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.  

Granting of extensions

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.  

Assessment Tasks

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

Assignment 1

Due: Friday Week 4 (21/8/15)
Weighting: 0%

Hypothetical legal problem (ungraded)


On successful completion you will be able to:
  • Identify the authoritative sources of tort law in Australia through a combination of knowledge of tort law and legal research
  • Competently synthesise and interpret case law and statute law applicable to tort law problems
  • Describe the elements of a cause of action for each of the intentional torts and negligence
  • Apply knowledge of tort law to analyse and evaluate legal problems
  • Express arguments clearly, logically, concisely, in plain English and with supporting legal authority
  • Reflect on how you have analysed legal problems and policy issues and incorporate lessons learned

Assignment 2

Due: Friday Week 7 (11/9/15)
Weighting: 30%

Hypothetical legal problem and essay questions


On successful completion you will be able to:
  • Competently synthesise and interpret case law and statute law applicable to tort law problems
  • Describe the elements of a cause of action for each of the intentional torts and negligence
  • Apply knowledge of tort law to analyse and evaluate legal problems
  • Express arguments clearly, logically, concisely, in plain English and with supporting legal authority
  • Judge which of competing arguments in tort law is more likely to be accepted by Australian courts and explain your reasoning
  • Debate current policy issues in tort law
  • Present legal or policy advice or argument in a balanced, professional and audience-appropriate style
  • Reflect on how you have analysed legal problems and policy issues and incorporate lessons learned

Final Assessment

Due: Sunday 15/11/15
Weighting: 50%

Hypothetical legal problem and essay questions


On successful completion you will be able to:
  • Competently synthesise and interpret case law and statute law applicable to tort law problems
  • Apply knowledge of tort law to analyse and evaluate legal problems
  • Evaluate and critique legal reasoning in significant tort law cases and lines of authority
  • Discern problems and gaps in tort law (case law and legislation) and areas of contention for legal argument or development
  • Express arguments clearly, logically, concisely, in plain English and with supporting legal authority
  • Judge which of competing arguments in tort law is more likely to be accepted by Australian courts and explain your reasoning
  • Evaluate how tort law and developments impact on the work of legal practitioners and legal managers in public and private practice
  • Present legal or policy advice or argument in a balanced, professional and audience-appropriate style

Tutorial participation

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


On successful completion you will be able to:
  • Competently synthesise and interpret case law and statute law applicable to tort law problems
  • Apply knowledge of tort law to analyse and evaluate legal problems
  • Evaluate and critique legal reasoning in significant tort law cases and lines of authority
  • Discern problems and gaps in tort law (case law and legislation) and areas of contention for legal argument or development
  • Express arguments clearly, logically, concisely, in plain English and with supporting legal authority
  • Judge which of competing arguments in tort law is more likely to be accepted by Australian courts and explain your reasoning
  • Describe the theoretical approaches to tort law
  • Debate current policy issues in tort law
  • Evaluate how tort law and developments impact on the work of legal practitioners and legal managers in public and private practice
  • Present legal or policy advice or argument in a balanced, professional and audience-appropriate style
  • Analyse and solve problems collaboratively
  • Reflect on how you have analysed legal problems and policy issues and incorporate lessons learned

Delivery and Resources

Delivery

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.auThis website provides up-to-date information on classes and rooms. 

Lecture time and room

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

 

 

 

 

Friday

3pm

TBA

TBA

Friday

4pm

C5A 301

TBA

Textbooks and reference materials

Required textbook and legislation

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)

Recommended additional materials

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 

Technology

This unit uses iLearn, iLecture (Echo 360); Grademark and Turnitin

Unit Schedule

Weekly schedule

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

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

 

Learning and Teaching Activities

Lectures

Lectures from teaching staff

Tutorials

Small group discussion of unit content, collaborative legal problem solving, mooting, reflection and debate

Mooting

Argument of hypothetical cases by students during tutorials

Reflection and debate

Reflecting on and debating issues of theory and policy in tutorials

Collaborative problem solving

Small group collaborative problem solving in tutorials

Research

Individual research on matters of law, theory or policy concerning tort law

Reading

Individual reading of journal articles, resources, prescribed textbook and legislation

Legal writing

Preparation of written legal and policy argument and advice

Policies and Procedures

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.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

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.

Submissions after deadline

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero.  Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation.  Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

Word limits

Word limits will be strictly applied and work above the word limit will not be marked. 

Assessment submission and plagiarism

All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

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.

Graduate Capabilities

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Learning outcomes

  • Discern problems and gaps in tort law (case law and legislation) and areas of contention for legal argument or development
  • Debate current policy issues in tort law

Assessment tasks

  • Assignment 2
  • Final Assessment
  • Tutorial participation

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcomes

  • Judge which of competing arguments in tort law is more likely to be accepted by Australian courts and explain your reasoning
  • Evaluate how tort law and developments impact on the work of legal practitioners and legal managers in public and private practice
  • Present legal or policy advice or argument in a balanced, professional and audience-appropriate style

Assessment tasks

  • Assignment 1
  • Assignment 2
  • Final Assessment
  • Tutorial participation

Commitment to Continuous Learning

Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.

This graduate capability is supported by:

Learning outcome

  • Reflect on how you have analysed legal problems and policy issues and incorporate lessons learned

Assessment tasks

  • Assignment 1
  • Assignment 2
  • Tutorial participation

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Identify the authoritative sources of tort law in Australia through a combination of knowledge of tort law and legal research
  • Competently synthesise and interpret case law and statute law applicable to tort law problems
  • Describe the elements of a cause of action for each of the intentional torts and negligence
  • Apply knowledge of tort law to analyse and evaluate legal problems
  • Evaluate and critique legal reasoning in significant tort law cases and lines of authority
  • Discern problems and gaps in tort law (case law and legislation) and areas of contention for legal argument or development
  • Express arguments clearly, logically, concisely, in plain English and with supporting legal authority
  • Judge which of competing arguments in tort law is more likely to be accepted by Australian courts and explain your reasoning
  • Describe the theoretical approaches to tort law
  • Debate current policy issues in tort law
  • Evaluate how tort law and developments impact on the work of legal practitioners and legal managers in public and private practice
  • Analyse and solve problems collaboratively

Assessment tasks

  • Assignment 1
  • Assignment 2
  • Final Assessment
  • Tutorial participation

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Evaluate and critique legal reasoning in significant tort law cases and lines of authority
  • Discern problems and gaps in tort law (case law and legislation) and areas of contention for legal argument or development
  • Debate current policy issues in tort law
  • Evaluate how tort law and developments impact on the work of legal practitioners and legal managers in public and private practice

Assessment tasks

  • Assignment 1
  • Assignment 2
  • Final Assessment
  • Tutorial participation

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Identify the authoritative sources of tort law in Australia through a combination of knowledge of tort law and legal research
  • Apply knowledge of tort law to analyse and evaluate legal problems
  • Evaluate and critique legal reasoning in significant tort law cases and lines of authority
  • Judge which of competing arguments in tort law is more likely to be accepted by Australian courts and explain your reasoning
  • Analyse and solve problems collaboratively

Assessment tasks

  • Assignment 1
  • Assignment 2
  • Final Assessment
  • Tutorial participation

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcomes

  • Express arguments clearly, logically, concisely, in plain English and with supporting legal authority
  • Present legal or policy advice or argument in a balanced, professional and audience-appropriate style

Assessment tasks

  • Assignment 1
  • Assignment 2
  • Final Assessment
  • Tutorial participation

Engaged and Ethical Local and Global citizens

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:

Assessment tasks

  • Final Assessment
  • Tutorial participation

Socially and Environmentally Active and Responsible

We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.

This graduate capability is supported by:

Learning outcomes

  • Debate current policy issues in tort law
  • Analyse and solve problems collaboratively

Assessment tasks

  • Assignment 1
  • Assignment 2
  • Final Assessment
  • Tutorial participation

Changes from Previous Offering

There have been no changes made to previous offerings of this course.