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
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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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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:
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.
Name | Weighting | Hurdle | Due |
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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 |
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
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
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
1 If you need help with your assignment, please contact:
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
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.
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
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.
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 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
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.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
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.
Macquarie University offers a range of Student Support Services including:
Got a question? Ask us via AskMQ, or contact Service Connect.
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