Outline

Overview

This 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

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	LAWS5000
Prohibitions ?	LAWS1010 or LAWS1012 or LAWS3001
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Ross Abbs, ross.abbs@sydney.edu.au
Lecturer(s)	Ross Abbs, ross.abbs@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 (60%) Written exam 2 hr + 30 mins reading time	60%	Formal exam period	2 hours	AI prohibited
Outcomes assessed:
Contribution	Structured class participation (10%) Students must respond to problem questions	10%	Ongoing	One assigned class	AI allowed
Outcomes assessed:
Out-of-class quiz	Early feedback task (0%) Unsupervised online quiz	0%	Week 03 Due date: 24 Aug 2025 at 23:59 Closing date: 24 Aug 2025	30 minutes	AI allowed
Outcomes assessed:
Written test ?	In-semester test (30%) Written test 1 hr + 15 mins reading time	30%	Week 07 Due date: 15 Sep 2025 at 17:00	1 hour	AI prohibited
Outcomes assessed:
= early feedback task ?

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 ten [10] questions tailored to reflect key content covered up to and including week 2 of the semester. You will have multiple attempts to complete the task. The task will be available on Canvas from 4 August 2025 and must be completed by 11:59pm on 24 August 2025 (Sydney Australia time). Students will be provided with immediate, automated feedback, upon completion of the task.

Structured Class Participation (10%): Participation marks will be based on a student’s participation when on call in an assigned class, in relation to a problem question (or set of problem questions) engaging with the course material. Students who are on call will be expected to: (a) apply disciplinary knowledge and analytical skills to the resolution of the relevant question/s; and (b) communicate verbally, in a precise and persuasive way, by responding to questions from their tutor and leading class discussion.

If a student is unable to attend their assigned class, they should in the first instance contact their tutor and ask to be moved to an alternative class. A student who is unable, for any reason, to complete an on-call class (and who has not been granted special consideration) will receive nil for the 10% allocated to class participation; an Absent Fail grade will be recorded as the result for this unit if a student does not make a genuine attempt at all assessment tasks. A primary objective of the task is to evaluate oral communication skills, and for this reason there is no written substitute available for this part of the course, which is aimed at assisting students to develop essential skills for their legal studies and for the Law School’s graduate attributes.

In-Semester Test (30%): The In-Semester Test will be conducted as a supervised on-campus test and will engage with Topics 2-7 in the Learning Guide. The test will be one [1] hour long with an additional 15 minutes of reading time. Students will be required to answer a number of multiple-choice questions as well as a problem question engaging with relevant course material. The test will take place on Monday 15 September 2025 at 5pm and will be open book (hard copy materials only, no electronic devices).

Final Exam (60%): The Final Exam will be conducted as a supervised exam and will be two [2] hours long, with an additional 30 minutes of reading time. It will primarily engage with Topics 8-15 in the Learning Guide and will involve problem questions only. The exam will take place during the formal exam period (17 to 29 November 2025) and will be open book (hard copy materials only, no electronic devices). The exam timetable will be released by the Exams Office in due course. For further information, please refer to: https://www.sydney.edu.au/students/exams/timetables.html.

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 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:

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.

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	Introduction: Scope and context of tort law Historical background of modern tort law	Seminar (3 hr)
Week 02	Trespass to the person	Seminar (3 hr)
Week 03	The action on the case for wilful injury The statutory action for nervous shock	Seminar (3 hr)
Week 04	Defences to intentional torts Damages for intentional torts to the person	Seminar (3 hr)
Week 05	Problem-solving skills	Seminar (3 hr)
Week 06	Negligence: Duty of care	Seminar (3 hr)
Week 07	Negligence: Duty of care (continued)	Seminar (3 hr)
Week 08	Negligence: Breach of duty and the standard of care; professional negligence	Seminar (3 hr)
Week 09	Negligence: Causation and remoteness/scope of liability	Seminar (3 hr)
Week 10	Defences to negligence	Seminar (3 hr)
Week 11	Compensation for personal injury Compensation following injury to/death of primary victim	Seminar (3 hr)
Week 12	Vicarious liability and non-delegable duties	Seminar (3 hr)
Week 13	Concurrent, joint and/or several liability for personal injury; contribution and indemnity rights	Seminar (3 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

The prescribed casebook is B McDonald, D Rolph, P Crossley and G Turton, Cases on Torts (Federation Press, 7th ed, 2023). Note that where a case designated as required reading appears in the casebook, students are only expected to read the casebook extract.

Supplementary required readings may be posted on Canvas (via either the Modules or Reading List section).

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 the theories and policies underpinning the operation of tort law and demonstrate a systematic understanding of the law of torts in its social context
LO2. Apply case analysis and statutory interpretation skills, drawing on the historical development of the law, to explain current legal principles
LO3. Apply problem-solving skills to develop solutions to hypothetical legal problems
LO4. Develop persuasive, logically structured legal arguments using plain, concise language
LO5. Communicate information and arguments about tort law to a range of audiences

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.

Assessment has been changed.

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

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

LAWS5001: Torts

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

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

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