Students

LAWS2400 – Torts

2021 – Session 2, Infrequent attendance, North Ryde

Session 2 Learning and Teaching Update

The decision has been made to conduct study online for the remainder of Session 2 for all units WITHOUT mandatory on-campus learning activities. Exams for Session 2 will also be online where possible to do so.

This is due to the extension of the lockdown orders and to provide certainty around arrangements for the remainder of Session 2. We hope to return to campus beyond Session 2 as soon as it is safe and appropriate to do so.

Some classes/teaching activities cannot be moved online and must be taught on campus. You should already know if you are in one of these classes/teaching activities and your unit convenor will provide you with more information via iLearn. If you want to confirm, see the list of units with mandatory on-campus classes/teaching activities.

Visit the MQ COVID-19 information page for more detail.

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor and tutor
Rod Smith
Contact via Through the links on the ilearn page
Lecturer
Carlos Bernal-Pulido
Contact via Through the links on the ilearn page
Tutor
Amanda Elton
Contact via Through the links on the ilearn page
Tutor
Neil Watt
Contact via Through the links on the ilearn page
Tutor
Amanda Head
Contact via Through the links on the ilearn page
Credit points Credit points
10
Prerequisites Prerequisites
(LAW109 or LAWS1300) and (LAWS104 or LAW204 or LAWS1200)
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://students.mq.edu.au/important-dates

Learning Outcomes

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

  • ULO1: Describe the fundamental doctrines and sources (both common law and statute) for different types of torts and categories of liability
  • ULO2: Critically analyse the current state of tort law including law reform proposals and comparative developments in other jurisdictions.
  • ULO3: Apply tort law to complex problems using appropriate legal problem-solving techniques.
  • ULO4: Analyse the elements and categories of negligence and determine possible defences to a negligence action
  • ULO5: Identify and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion and intentional torts to the person.

General Assessment Information

Students should submit applications for Special Consideration electronically via ask.mq.edu.au, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration policy.

Markers will strictly apply word limits and won't mark work above them. Markers will use plagiarism detection software.

The iLearn website includes detailed marking rubrics. Markers undertake a process of 'blind marking' to establish a common marking standard. Markers will double mark all Fail assessments. The Unit Convenor will subject marks to moderation for the purposes of consistency and quality standards.

New Late penalty statement: Please update your unit guides Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.

Assessment Tasks

Name Weighting Hurdle Due
Tort law research essay 40% No 24/09/2021 at 11:59 pm
Online multiple choice quizzes 20% No Week 4 and week 10
Take-home problem 40% No 11/11/2021 from 1 to 5 pm

Tort law research essay

Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 24/09/2021 at 11:59 pm
Weighting: 40%

 

A 2000 word essay on a problem or topic to be announced on iLearn

 


On successful completion you will be able to:
  • Describe the fundamental doctrines and sources (both common law and statute) for different types of torts and categories of liability
  • Critically analyse the current state of tort law including law reform proposals and comparative developments in other jurisdictions.
  • Analyse the elements and categories of negligence and determine possible defences to a negligence action
  • Identify and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion and intentional torts to the person.

Online multiple choice quizzes

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 2 hours
Due: Week 4 and week 10
Weighting: 20%

 

Two quizzes will test the materials and problems discussed in lectures and tutorials

 


On successful completion you will be able to:
  • Describe the fundamental doctrines and sources (both common law and statute) for different types of torts and categories of liability
  • Apply tort law to complex problems using appropriate legal problem-solving techniques.

Take-home problem

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: 11/11/2021 from 1 to 5 pm
Weighting: 40%

 

A final take-home assessment in the form of a problem or series of tort law problems

 


On successful completion you will be able to:
  • Apply tort law to complex problems using appropriate legal problem-solving techniques.
  • Analyse the elements and categories of negligence and determine possible defences to a negligence action
  • Identify and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion and intentional torts to the person.

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 Learning Skills Unit 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

The delivery of this unit combines online learning content (asynchronous work) and a weekly one hour (face to face or online) tutorial from weeks 1-13. There are no "live" lectures for this unit.

The required text is: Sappideen, Vines & Eldrige, Torts: Commentary & Materials (Thomson Reuters,13th ed, 2021). .

Students require access to a computer and a secure and reliable server. The iLearn website contains all Unit requirements and a weekly teaching, reading, and asynchronous work schedule.

Students should submit all assessments via Turnitin.

Unit Schedule

The iLearn website contains a complete schedule of readings, learning materials, asynchronous work and tutorial requirements.

Week Topic (NB: Tutorials start in Week 1)
Week 1 Introduction to Torts: Law and Theory
Week 2 Trespass to 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 
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:

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/admin/other-resources/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 Enquiry Service

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

Equity 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.

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.