Students

LAWS8040 – Law of Obligations II - Torts

2023 – Session 2, In person-scheduled-weekday, North Ryde

General Information

Download as PDF
Unit convenor and teaching staff Unit convenor and teaching staff Convenor / Lecturer
Prof Surya Deva
Contact via Contact via the iLearn page
Convenor / Tutor
Dr Ebony Birchall
Contact via Contact via the iLearn page
Convenor / Tutor
Dr Amanda Head
Contact via Contact via the iLearn page
Credit points Credit points
10
Prerequisites Prerequisites
(LAWS803 or LAWS8030)
Corequisites Corequisites
Co-badged status Co-badged status
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.

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 the prescribed word limits and will not mark work exceeding the word limit or impose a penalty. Markers will use plagiarism detection software.

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

For the assessment of class participation, please refer to the detailed guidelines posted on iLearn. 

Late penalty policy 

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.    

This late penalty will apply to non-timed sensitive assessment (including essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special Consideration application. Special Consideration outcome may result in a new question or topic. 

Assessment Tasks

Name Weighting Hurdle Due
Research Essay 40% No 15 September 2023, 11:55pm
Class participation 20% No Ongoing (tutorials during Weeks 2-13)
Final timed assessment 40% No 7 November 2023, 10am-1pm

Research Essay

Assessment Type 1: Essay
Indicative Time on Task 2: 40 hours
Due: 15 September 2023, 11:55pm
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.

Class participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Ongoing (tutorials during Weeks 2-13)
Weighting: 20%

 

Students will be assessed on participation in tutorial discussions, debates and/or presentations

 


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.

Final timed assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 6 hours
Due: 7 November 2023, 10am-1pm
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

The delivery of this Unit combines two hours of lecture every week (one hour face-to-face and one hour pre-recorded), a weekly one hour tutorial (face-to-face or online) during weeks 2-13, and online learning content on iLearn. 

The required textbook for this Unit is: Carolyn Sappideen, Prue Vines and John Eldridge, Torts: Commentary and Materials (Thomson Reuters, 13th ed, 2021)

Students can buy this textbook online from the following sources: 

1. Directly from Thomson Reuters: https://legal.thomsonreuters.com.au/student/ (students can receive 15% discount and free shipping if they sign up for the student Promo Code; Book and eBook bundles can be purchased at a 25% discount)

2. From online resellers such as Booktopia , Amazon and Zookal.  

All other supplementary resources will be made available through iLearn. 

Students require access to a computer, internet with decent speed and a secure/reliable server. The iLearn page contains all Unit requirements and a weekly schedule for teaching, readings and tutorials. Information about all assessment tasks is also available on iLearn. Students MUST submit all assessments through iLearn.

 

Unit Schedule

The iLearn Unit page contains a detailed schedule of topics covered, required readings, supplementary learning materials and tutorial questions. Below is a brief outline of the topics covered in this Unit: 

Week               Lecture topics (tutorials are during weeks 2-13)

Week 1            Introduction to Torts and Intentional Torts

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: Unpacking Duty of Care

Week 6            Duty of Care Categories: Physical Harm and Psychiatric Harm

Week 7            Duty of Care Categories: Wrongful Death and Pure Economic Loss

Week 8            Duty of Care regarding Special Parties

Week 9            Standard of Care and Breach of Duty

Week 10          Causation  

Week 11          Damage and Remoteness

Week 12          Concurrent Liability and Defences to Negligence

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:

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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

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

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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 2023.04 of the Handbook