Outline

Overview

This unit aims to complete the study of tort law and contract law acquired in Torts and Contracts respectively and to encourage the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. This course will also consider liability under the Australian Consumer Law. Core topics are: (a) Causation and remoteness of damage principles in contract law and the calculation of damages for breach of contract; (b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake and misrepresentation; duress; and undue influence. This topic includes a study of equitable as well as common law principles and statutory rights and remedies; (c) Liability and remedies for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law); (d) Trespass to Land including damage by aircraft; (e) Nuisance; (f) Intentional Interference with goods; (g) Negligence Liability for property damage and pure economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties rather than the primary victim, liability for defective construction; (h) Proportionate liability where it applies to tort, contract and statutory liabilities. Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1012 and LAWS1015
Corequisites ?	None
Prohibitions ?	LAWS5006
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Christopher Rudge, christopher.rudge@sydney.edu.au
Lecturer(s)	Barbara McDonald, barbara.mcdonald@sydney.edu.au
	Gregory Tolhurst, greg.tolhurst@sydney.edu.au
	Christopher Rudge, christopher.rudge@sydney.edu.au
Tutor(s)	Mitheran Selvendran, mitheran.selvendran@sydney.edu.au
	Sarah Bradbury, sarah.bradbury@sydney.edu.au
	Maria Markoulli, m.markoulli@sydney.edu.au
	Olugbenga Olatunji, olugbenga.olatunji@sydney.edu.au
	Brendan Ofner, brendan.ofner@sydney.edu.au
	Emerson Hynard, emerson.hynard@sydney.edu.au
	Kevin Zou, kevin.zou@sydney.edu.au

Assessment

The census date for this unit availability is 1 September 2025

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Written exam ?	Final exam (50%) 2 hours writing time plus 30 minutes reading time open book exam	50%	Formal exam period	2 hours	AI prohibited
Outcomes assessed:
Contribution	Assigned class participation (20%) Two panels	20%	Ongoing	Ongoing	AI allowed
Outcomes assessed:
Out-of-class quiz	Early Feedback Task (0%) Early Feedback Task (0%), 5x Multiple Choice Questions	0%	Week 03 Due date: 22 Aug 2025 at 23:59 Closing date: 22 Aug 2025	5x Multiple Choice Questions	AI allowed
Outcomes assessed:
Written work	Interim short release assignment (30%) Problem questions	30%	Week 06 Due date: 12 Sep 2025 at 12:00 Closing date: 17 Sep 2025	1500 words / 7 days	AI allowed
Outcomes assessed:
= early feedback task ?

Early feedback task

This unit includes an early feedback task, designed to give you feedback prior to the census date for this unit. Details are provided in the Canvas site and your result will be recorded in your Marks page. It is important that you actively engage with this task so that the University can support you to be successful in this unit.

Assessment summary

Early Feedback Task (0%): As part of our commitment to student success, this unit includes a required Early Feedback Task. This task is designed to provide students with timely insights into their understanding and engagement with the unit content. It serves as a diagnostic tool to identify areas of strength and areas needing improvement, ensuring that each student is on track for successful completion of the unit. The Early Feedback Task in this unit is a multiple-choice quiz of five [5] questions tailored to reflect key content covered up to and including week 3 of the unit. You will have multiple attempts to complete the task. The task will be available on Canvas from 9:00am (Sydney Australia time) 11 August 2025 and must be completed by 11:59pm (Sydney Australia time), Friday 22 August 2025.

Assigned class participation (20%): Students will be assigned to be 'on call' in two separate panels in Tutorials 1 through 8. Tutors will make these allocations prior to the first tutorial and will post the allocations on Canvas. The final mark for this assessment will be based on the highest mark out of the two marks received for each panel. Students who are unable to attend one of their assigned on-call panels will receive a final mark based on the other assigned panel. Students who are unable to attend both of their assigned on-call panels and obtain special consideration will be given an alternative or varied assessment task, with the format to be determined by the unit coordinator.

Interim short-release assignment (30%): The interim assignment will comprise a hypothetical problem question on the Tort components of the unit of study. It will be an open book take home assignment with a word limit of 1500 words (the total word count excludes citations in footnotes). The question will be released at 9:00am (Sydney Australia time) 5 September 2025 and submission is due by 12:00pm (Sydney Australia time) 12 September 2025. Examinable material is Topics 1 – 6.

In completing this task, students may use generative artificial intelligence (AI), editors, proof-readers, and other automated writing tools (such as translation software, grammar checkers, and reference generators). In circumstances where the unacknowledged or inappropriate use of AI (or other unpermitted assistance) is suspected in an open assessment, unit convenors or teaching staff may require a student to provide an oral defence or structured explanation of their submitted work. This process may be conducted to verify the student's authorship and their understanding of the content submitted.

Final exam (50%): The final exam will comprise one or more hypothetical problem questions. It will be 2 hours writing time plus 30 minutes reading time open book exam. Examinable material is Topics 5 – 12.

The supervised final exam will take place on-campus during the formal final examination period for Semester 2 (November 2025). The exam timetable will be released by the Exams Office in due course. Exam information is available at https://www.sydney.edu.au/students/exams/timetables.html. held during the exam period.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted).

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after the due time specified in the assessment summary but by 11:59pm on the due date will attract a 10% penalty. A submission after midnight of the due date will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	Lecture 1: Introduction to Torts and Contracts II (TC II): Part I: TORTS TO PROPERTY AND ECONOMIC INTERESTS. Topic 1: Trespass to land (introduction)	Lecture (2 hr)
Week 01	Lecture 2: Topic 1: Trespass to land (continued); Statutory liability for damage by aircraft	Lecture (2 hr)
Week 02	Lecture 3: Topic 2: The tort of private nuisance; Topic 3: The new statutory tort of invasion of privacy	Lecture (2 hr)
Week 02	Lecture 4: Topic 4: Tort liability for interference with goods (trespass, conversion, detinue)	Lecture (2 hr)
Week 03	Lecture 5: Topic 5: Tort liability for pure economic loss (PEL), including deceit, negligent misstatement, professional negligence, third party property, defective buildings and goods	Lecture (2 hr)
Week 03	Tutorial 1: Introduction and panel allocations. Problems on trespass to land; statutory liability for damage by aircraft; private nuisance and the statutory invasion of privacy	Tutorial (2 hr)
Week 04	Lecture 6: PEL (continued); Topic 6: Multiple wrongdoers and proportionate liability (rationale, the CLA, the ACL)	Lecture (2 hr)
Week 04	Tutorial 2: Problems on tort liability for interference with goods; PEL: deceit, negligent misstatement; professional negligence.	Tutorial (2 hr)
Week 05	Lecture 7: PART II: CONTRACTUAL REMEDIES: DAMAGES. Topic 7: Causation and remoteness of damage in contract	Lecture (2 hr)
Week 05	Tutorial 3: Problems on PEL from third party property damage; multiple wrongdoers and proportionate liability.	Tutorial (2 hr)
Week 07	Lecture 8: Topic 8: Measure of damages in contract (expectation, reliance, restitution, mitigation, etc)	Lecture (2 hr)
	Tutorial 4: Problems on causation and remoteness of damages in contract	Tutorial (2 hr)
	Lecture 9: Topic 9: Sums fixed by contract (recovery)	Lecture (2 hr)
Week 08	Lecture 10: PART III: VITIATING FACTORS (VF). Topic 10: Introduction to VF: The remedy of rescission; mistake; duress	Lecture (2 hr)
Week 08	Tutorial 5: Problems on measure of damages and sums fixed by contract, including the law relating to penalties	Tutorial (2 hr)
Week 10	Lecture 11: VF (continued): undue influence; Topic 11: Unconscionable conduct and unfair contract terms	Lecture (2 hr)
Week 11	Lecture 12: Topic 12: Misrepresentation at general law and statutory liability for misleading and deceptive conduct (ACL)	Lecture (2 hr)
Week 11	Tutorial 6: Problems on mistake and duress	Tutorial (2 hr)
Week 12	Tutorial 7: Problems on undue influence; unconscionable conduct	Tutorial (2 hr)
Week 13	Tutorial 8: Problems on misrepresentation at general law and statutory liability for misleading or deceptive conduct (ACL)	Tutorial (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

A Robertson, J Paterson, Contract: Cases and Materials (Thomson Reuters, 15th ed, 2025)

A Robertson, J Paterson, Principles of Contract Law (Thomson Reuters, 7th ed, 2025)

JW Carter, Cases and Materials on Contract Law in Australia (LexisNexis, 7th ed, 2019; or JW Carter Publishing, 8th ed 2023)

JW Carter, Contract Law in Australia (LexisNexis, 7th ed, 2019; or JW Carter Publishing, 8th ed 2023)

AND

B McDonald, R Anderson & D Rolph, Cases on Torts, 7th ed, Federation Press, 2023 (a supplement to this book is available at www.federationpress.com.au).

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. identify and describe, to an advanced level, relevant legal principles of tort and contract law in hypothetical problem situations discussed in the unit and embedded in assessment tasks.
LO2. critically evaluate and apply relevant principles of tort and contract law using appropriate legal authorities to respond to assessment tasks.
LO3. develop effective and persuasive written and oral legal arguments synthesising knowledge of torts and contract law to an advanced level when responding to class discussion and assessment tasks.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

This assessment has been changed since it was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Early feedback task

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

LAWS1017: Torts and Contracts II

Semester 2, 2025 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Early feedback task

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links