Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Caitriona McCabe
Contact via Contact via caitriona.mccabe@mq.edu.au
W3A519
Monday 9.30am to 10.30am and other times by appointment
Holly Doel-Mackaway
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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 BSecStudLLB 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:
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 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.
Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.
Name | Weighting | Due |
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Tutorial Participation / OCS | 30% | Weeks 1 - 12 |
Hypothetical Problem Solving | 40% | 9pm Monday 10th October |
Quiz | 30% | 9pm Monday 31st October |
Due: Weeks 1 - 12
Weighting: 30%
See rubric posted on iLearn for criteria and descriptors.
Specific readings and exercises will be set for each tutorial. The tutorial program is set out on iLearn in a weekly format.
External students will be assessed on their participation at the compulsory on-campus session to be held on the 27th and 28th September.
External students should also undertake the readings and look at the exercises for the tutorials, as this material will form the basis for the activities undertaken at the on campus session. More information on the structure of the on campus session will be provided closer to the time on iLearn.
Tutors will engage in ongoing assessment of student participation in the tutorial discussions, debates, exercises and any other activities using the following criteria:
1. Preparation and understanding of material: the student has listened to the lecture materials and other learning resources provided online, read the required reading and has attempted to link the tutorial materials to the lectures, to other course materials and to their life experience.
2. Ability to critically discuss the material: the student is able to critically discuss the tutorial materials and contributes to class discussions in a way that assists the learning of others.
3. Clear expression of ideas: the student is able to clearly express their ideas about the materials.
4. Engaging with other students: the student engages with others in the class taking an active role in discussions, debates and other activities assigned by the tutor. The student responds to others in the class by listening to them, providing constructive feedback and asking questions.
5. Demonstration of skills: The student is able to demonstrate good communication skills and engage with others in a respectful and professional manner.
From time to time, tutors will collect examples of student work completed in tutorials. Tutors may set impromptu quizzes in class or at the on campus session to assess a student's knowledge of the tutorial preparation material.
If you cannot attend a tutorial you must send a message to your tutor on iLearn to inform them of your absence. Your tutor may assign you work to complete in lieu of attendance.
Extended absences of more than two tutorials must meet the criteria for Disruption to Studies. Applications for Disruptions to Studies are made online at ask.mq.edu.au in response to a serious and unavoidable event.
Due: 9pm Monday 10th October
Weighting: 40%
Please see ilearn page for full details of problem question.
This essay will test students knowledge of tort law and theory.
Students will also be assessed on their ability to apply the principles of plain English.
All work is to be submitted via Turnitin on iLearn.
Late submissions will not be marked and will receive a score of 0.
Due: 9pm Monday 31st October
Weighting: 30%
This is a time limited quiz of one hour to test students understanding of all the unit materials.
Students can open the quiz at any time after 6pm. The quiz will automatically shut down at 9pm. Students will have one hour to complete the quiz from the time that they open it. When one hour has expired, all saved answers will be automatically submitted.
Full details will be released on iLearn.
There are no "live" lectures for this unit. This unit is delivered via online learning content and a weekly one hour tutorial from weeks 1-12 for internal students and a compulsory two day on campus session for external students.
The required text is: Sappideen, Vines & Watson, Torts: Commentary & Materials (Thomson Reuters,12th ed, 2016). Available from the Macquarie University Co-op Bookshop.
Additional reading will be available via iLearn.
Students require access to a computer and a secure and reliable server. All Unit requirements and a weekly teaching and reading schedule are outlined in iLearn.
All assessments are to be submitted electronically via Turnitin.
The complete schedule of readings, learning materials and tutorial requirements is outlined on iLearn | |
Week 1 - NB Tutorials start in week 1 Introduction to Torts: Law and Theory |
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Week 2 Trespass to the Person and Interference with Chattels |
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Week 3 Trespass to Land and Nuisance |
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Week 4 Defences to Intentional Torts |
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Week 5 Negligence: Duty of Care Principles |
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Week 6 Negligence: Duty of Care Categories of Harm and Recovery of Loss |
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Week 7 Negligence: Duty of Care Categories of Harm and Recovery of Loss (continued) |
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Week 8 Negligence: Special Parties |
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Week 9 Negligence: Standard of Care and Breach of Duty |
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Week 10 Negligence: Causation |
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Week 11 Negligence: Challenges to Causation |
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Week 12 Negligence: Concurrent Liability and Defences |
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Week 13 Revision |
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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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