Students
LAWS8040 – Law of Obligations II - Torts
2020 – Session 2, Special circumstance
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Dr Uche Ngwaba
Contact via uche.ngwaba@mq.edu.au
Wednesday (12pm to 1pm); other times by appointment
Lecturer/Tutor
A/Prof Carlos Bernal-Pulido
Lecturer/Tutor
Dr Amanda Head
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|---|---|
| Credit points |
Credit points
10
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| Prerequisites |
Prerequisites
(LAWS803 or LAWS8030)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
The law of obligations encompasses private law obligations in contract, tort, and restitution. This compulsory unit examines the law of torts and its operation in context from doctrinal, practical, theoretical and normative perspectives. 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 assault, battery, false imprisonment, trespass to land and goods, nuisance, conversion, defences, and types of liability. The unit extends and integrates knowledge and skills developed in previous law units, focusing on communication, teamwork, problem solving and research. It also lays a foundation for the capstone unit LAWS815 Remedies, Reparations and Resolutions in Law.
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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:
- ULO1: Describe and analsye the fundamental doctrines, concepts, principles, values and sources (both common law and statute) for different types of torts and categories of liability
- ULO2: Recognise and critique contemporary developments in the law of torts and reflect upon how such developments may impact upon tort-feasors and claimants.
- ULO3: Identify, classify and resolve complex legal issues related to contemporary tort law
- ULO4: Engage in critical legal reasoning, analysis, research and written and oral communication to generate appropriate responses to tort-based legal issues.
General Assessment Information
Applications for Special Consideration are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Special Consideration 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, assessments are moderated by the convenor for consistency and all fail papers are double marked.
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply - two (2) marks out of 100 will be deducted per day for assignments submitted after the due date and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Research Essay | 40% | No | 25/09/2020 (6pm) |
| Two multiple choice quizzes to test understanding of the unit content | 20% | No | Week 4; and Week 10 |
| Final timed assessment | 40% | No | 11/11/2020 (12-4pm) |
Research Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 40 hours
Due: 25/09/2020 (6pm)
Weighting: 40%
A research essay related to tort law doctrine and theory
On successful completion you will be able to:
- Recognise and critique contemporary developments in the law of torts and reflect upon how such developments may impact upon tort-feasors and claimants.
- Engage in critical legal reasoning, analysis, research and written and oral communication to generate appropriate responses to tort-based legal issues.
Two multiple choice quizzes to test understanding of the unit content
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 2 hours
Due: Week 4; and Week 10
Weighting: 20%
Two quizzes will be scheduled to test unit materials, especially problem material covered in tutorials
On successful completion you will be able to:
- Describe and analsye the fundamental doctrines, concepts, principles, values and sources (both common law and statute) for different types of torts and categories of liability
- Identify, classify and resolve complex legal issues related to contemporary tort law
Final timed assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: 11/11/2020 (12-4pm)
Weighting: 40%
A time limited take home problem assessment covering the unit content
On successful completion you will be able to:
- Describe and analsye the fundamental doctrines, concepts, principles, values and sources (both common law and statute) for different types of torts and categories of liability
- Recognise and critique contemporary developments in the law of torts and reflect upon how such developments may impact upon tort-feasors and claimants.
- Identify, classify and resolve complex legal issues related to contemporary tort law
- Engage in critical legal reasoning, analysis, research and written and oral communication to generate appropriate responses to tort-based legal issues.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
1. Resources
| PRESCRIBED MATERIALS |
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| REFERENCE MATERIALS |
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Suggested materials for further reference include: JOURNALS
ONLINE MATERIALS Example: Australian Torts Reporter (CCH Online) = providing the latest detailed commentary, cases and legislation related to torts law jurisdictions across Australia. TEXTS H. Luntz, D. Hambly, K. Burns, J. Dietrich and N. Foster, Torts: Cases and Commentary, (LexisNexis, 7 ed, 2013). Martin Davies and Ian Malkin, Torts (LexisNexis, 7th ed, 2015). Julia Davis, Connecting with Tort Law (Oxford University Press, 2012). Tim Paine, Torts, Q&A series (LexisNexis, 4th Ed, 2015). |
| 2. Teaching and Learning Activities |
| Lectures: Weekly lectures from staff are pre-recorded and posted online on iLearn each week from Week 1 to Week 13 - for all students (external and internal). |
| Seminars: Seminars in which legal principles and complex legal issues are examined, critiqued and analysed by students and staff. (Seminars for internal students begin in Week 1 and end in Week 13; external students will attend on campus sessions as scheduled). |
| Reading and Writing: Students will have personal responsibility for reading all materials, note taking, and preparation of written answers to seminar questions, assignments and exam. |
| Collaboration: Students are encouraged to form study groups to discuss course content, engage in online discussion with each other, and to prepare answers to seminar questions jointly. |
| Communication: Discussion of legal principles, issues and hypotheticals both in and out of class; students will be called upon in class. |
| Self-Directed Learning: Students will complete self-directed learning tasks using online resources and other materials as required. |
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.
Unit Schedule
| Week | Topic (NB: Tutorials/Seminars start in Week 1) |
| Week 1 |
Introduction to Torts: Law and Theory |
| Week 2 |
Trespass to the Person and Interference with Chattels |
| Week 3 |
Trespass to Land and Nuisance |
| Week 4 |
Defences to Intentional Torts |
| Week 5 |
Negligence: Duty of Care Principles |
| Week 6 |
Negligence: Duty of Care Categories of Harm and Recovery of Loss |
| Week 7 |
Negligence: Duty of Care Categories of Harm and Recovery of Loss (continued) |
| Week 8 |
Negligence: Special Parties |
| Week 9 |
Negligence: Standard of Care and Breach of Duty |
| Week 10 |
Negligence: Causation |
| Week 11 |
Negligence: Challenges to Causation |
| Week 12 |
Negligence: Concurrent Liability and Defences |
| Week 13 |
Revision |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy (Note: The Special Consideration Policy is effective from 4 December 2017 and replaces the Disruption to Studies Policy.)
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/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/study/getting-started/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au
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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@mq.edu.au
IT Help
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.
Changes from Previous Offering
An update was made to the assessment task to do away with class participation marks. The marks for class participation has been added to the Final exam task to bring it at par with the Research essay task.
The mode of delivery will include a combination of face to face and online seminars as directed by the Law School's timetable.
The Final Exam has been changed from an online quiz to a timed take-home assessment in the form of a problem or series of tort law problems.