Students
LAWS8040 – Law of Obligations II - Torts
2021 – Session 2, Special circumstances, Other
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
Download as PDF
| Unit convenor and teaching staff |
Unit convenor and teaching staff
Tutor
Rod Smith
Contact via roderick.smith@mq.edu.au
At the tutor's office at Macquarie Law School
TBA at the tutorial
Rod Smith
Carlos Bernal-Pulido
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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
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:
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 |
|---|---|---|---|
| Research Essay | 40% | No | 27/09/2021 at 11.59 pm |
| Final timed assessment | 40% | No | 08/11/2021 |
| Two multiple choice quizzes to test understanding of the unit content | 20% | No | 16/08 and 4/10 from 8 pm to 9 pm |
Research Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 40 hours
Due: 27/09/2021 at 11.59 pm
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.
Final timed assessment
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: 08/11/2021
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.
Two multiple choice quizzes to test understanding of the unit content
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 2 hours
Due: 16/08 and 4/10 from 8 pm to 9 pm
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
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
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://policies.mq.edu.au). 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
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
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 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.
Unit information based on version 2021.01R of the Handbook