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Unit of study_

LAWS5001: Torts

Semester 1, 2021 [Normal day] - Remote

TThis is a general introductory unit of study concerned with liability for civil wrongs, with particular emphasis on torts protecting personal integrity, safety and freedom from personal injury. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include: (a) The relationship between torts and other branches of the common law including contract and criminal law; (b) The role of fault as the principal basis of liability in the modern law; (c) Historical development of trespass and the action on the case and the contemporary relevance of this development; (d) Trespass to the person (battery, assault, and false imprisonment); (e) The action on the case for intentional injury; (f) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence; (g) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury; (h) Compensation for personal injuries, including special and alternative compensation schemes; (i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents; (j) Defences to negligence. (k) Vicarious Liability and non-delegable duties (l) Joint and several liability and contribution.

Unit details and rules

Unit code LAWS5001
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS1010 or LAWS1012 or LAWS3001
Prerequisites
? 
None
Corequisites
? 
LAWS5000
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Belinda Reeve, belinda.reeve@sydney.edu.au
Type Description Weight Due Length
Participation Class participation
Structured participation in one tutorial
10% Multiple weeks N/A
Outcomes assessed: LO1 LO3 LO2
Assignment Interim assignment
Short, problem-based assignment
30% Week 07
Due date: 19 Apr 2020 at 11:00
1,500 words
Outcomes assessed: LO1 LO4 LO3 LO2
Assignment Final assignment
Problem-based assignment
60% Week 13
Due date: 04 Jun 2021 at 11:00
3,000 words
Outcomes assessed: LO1 LO4 LO3 LO2

Assessment summary

Please note that a student must make a satisfactory attempt at all assessment tasks set out for 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. Detailed information for each assessment will be available on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (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.

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 Law School's policy on late submission is that a late piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

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.

WK Topic Learning activity Learning outcomes
Week 02 1. Introduction: scope and context of tort law; 2. Historical background of modern tort law Lecture (3 hr)  
Introduction to tort law Tutorial (1 hr)  
Week 03 3. Trespass to the person: battery and assault Lecture (3 hr)  
Workshop on answering problem questions Tutorial (1 hr)  
Week 04 3. Trespass to the person: false imprisonment; 4. Action on the case for wilful injury; 5. The statutory action for psychiatric injury to relatives of victims of intentional wrongs Lecture (3 hr)  
Problem question on historical background and intentional torts to the person Tutorial (1 hr)  
Week 06 6. Damages for intentional torts to the person; 7. Defences to intentional torts Lecture (3 hr)  
Problem questions on intentional torts to the person and the action on the case for wilful injury Tutorial (1 hr)  
Week 07 8. Negligence: Introduction; the concept of a duty of care and general principles in novel cases; established categories of duties; supervision and control of the plaintiff and third parties Lecture (3 hr)  
Problem question on consent and absence of consent to medical treatment; case analysis exercise Tutorial (1 hr)  
Week 08 8. Negligence: Duties to avoid psychiatric injury; 9. Negligence: Breach of duty Lecture (3 hr)  
Problem questions on the duty of care in negligence, established categories of duty and novel situations Tutorial (1 hr)  
Week 09 9. Negligence: Breach of duty; 10. Causation and remoteness of damage, scope of liability Lecture (3 hr)  
Problem questions on negligently inflicted psychiatric injury Tutorial (1 hr)  
Week 10 Topic 11: Defences to negligence; Topic 12: Compensation for personal injuries Lecture (3 hr)  
Problem question on breach of duty and standard of care Tutorial (1 hr)  
Week 11 13. Vicarious liability and non-delegable duties; 14. Concurrent, joint and/or several liability for personal injury; contribution rights Lecture (3 hr)  
Problem question on causation, remoteness and scope of liability Tutorial (1 hr)  
Week 12 15. Compensation to third parties following injury to or death of the primary victim Lecture (3 hr)  
Problem questions on vicarious liability and contribution rights; personal injury claims and claims by third parties Tutorial (1 hr)  

Attendance and class requirements

Attendance requirements: All students are required to attend 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count 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 written assessments will:

  • Exclude: bibliography; footnote numbers; footnote citation; cover page and
  • Include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style. A link to the library website, where this is comprehensively set out, is available at https://libguides.library.usyd.edu.au.

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

The required text for this course is: 

  • B McDonald R Anderson and DK Rolph, Cases on Torts, 6th ed, Federation Press, 2017

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

You will also need to regularly review a Torts textbook throughout this course. The recommended textbooks can be found in the reading guide and will be discussed in the first lecture. Please see the reading guide for full details of the course readings (available on Canvas).

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.

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

  • LO1. acquire knowledge and understanding of the law of torts in its social context, including the theories and policies underpinning the operation of tort law
  • LO2. develop skills in identifying and understanding the development of the law of torts in its historical context, both by case analysis and statutory interpretation
  • LO3. develop problem-solving skills through the analysis of hypothetical situations to identify legal issues and to apply relevant legal principles to the problems that arise
  • LO4. develop written communication skills, by learning to write in a well-structured, persuasive and logical manner, using plain, concise language

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

Staff in this unit constantly review and reflect upon the content of this unit in light of student feedback. Constructive feedback via the unit of study survey is gratefully received.

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.