Outline

Overview

This unit aims to provide students with a foundational understanding of Australian tort law, a subject fundamental to legal practice and crucial for later core and specialist subjects. Through a critical study of cases and statutes within their historical and social contexts, students will gain a deep understanding of the development of tort principles, the function and scope of modern tort law, and the rationale and utility of its governing principles. The unit will analyse the interactions between common law and significant legislation, enhancing students’ skills in statutory interpretation, problem-solving, and applying the law to hypothetical and real-life situations. The unit is designed to enable students to build their understanding of various aspects of tort law. It covers the contemporary relevance of the historical development of the actions of trespass and the action on the case. Students will explore trespass to the person, which includes battery, assault, and false imprisonment, as well as trespass to land and nuisance. The curriculum delves into the development and scope of the modern tort of negligence. This includes a detailed examination of the principles underpinning duties of care related to physical and psychiatric injury or damage, pure economic loss, the determination of breach of duty, and issues of causation and the scope of liability or remoteness of damage. Additionally, students will learn about various defenses, the assessment of damages, and actions involving multiple wrongdoers, including the vicarious liability of employers. The unit also covers claims arising after the death of the tort victim and explores some alternative systems of compensation.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS5019
Corequisites ?	None
Prohibitions ?	LAWS5001 and LAWS5006
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Belinda Reeve, belinda.reeve@sydney.edu.au
Lecturer(s)	Ross Abbs, ross.abbs@sydney.edu.au
Lecturer(s)	Gemma Turton, gemma.turton@sydney.edu.au
Tutor(s)	Roger Magnusson, roger.magnusson@sydney.edu.au
	Michael Sevel, michael.sevel@sydney.edu.au
	Belinda Reeve, belinda.reeve@sydney.edu.au
	Coel Kirkby, coel.kirkby@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%) On-campus supervised final exam 2 hr + 30 min reading time	60%	Formal exam period	2 hours	AI prohibited
Outcomes assessed:
Contribution	Class participation (10%) Students must respond to a problem question or set of problem questions	10%	Ongoing	One tutorial session	AI allowed
Outcomes assessed:
Out-of-class quiz	Early feedback task (0%) Unsupervised online quiz	0%	Week 03 Due date: 22 Aug 2025 at 23:59	30 minutes	AI allowed
Outcomes assessed:
Written work	Short release assignment (30%) Problem-based assignment	30%	Week 08 Due date: 26 Sep 2025 at 16:00 Closing date: 10 Oct 2025	1500 words/10 days	AI allowed
Outcomes assessed:
= early feedback task ?

Assessment summary

Early feedback task (0%): This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content and support students to stay on track for successful completion of the unit.

The Early Feedback Task in this unit is a 10-question multiple choice quiz. It will be tailored to reflect key concepts from weeks 1-2. The task will be available on Canvas from Monday, 18 August 2025 at 9am and must be completed by Friday, 22 August 2025 at 11:59pm (Sydney, Australia time). Students will be provided with immediate automated feedback upon completion of the task.

Structured class participation (10%): Class participation is based on leading class discussion (as part of a panel of students) on a problem question (or set of problem questions) in one tutorial. Students who are unable to attend their allocated tutorial must arrange with their tutor to lead discussion in a different tutorial. Students who are unable to attend their rescheduled tutorial must obtain special consideration and will be given an alternative or varied assessment task, with the format to be determined by the unit coordinators. A failure to lead the class discussion in any tutorial (and not obtain special consideration) will result in a mark of 0 for class participation and may lead to an Absent Fail grade.

Short-release assignment (30%): This assignment will be released on Monday, 15 September 2025 by 4pm and is due on Friday 26 September 2025 at 4pm (Sydney, Australia time). The assignment should be 1500 words in length, excluding references. The assignment will cover Topics 2-7 (weeks 1-4 of lectures only).

Final exam (60%): The exam will be a supervised, open book exam (hard copy materials, no electronic devices), held on campus during the university formal exam period (17 to 29 November). 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. The duration of the exam will be 2 hours of writing time, plus 30 minutes of reading time. The topics covered in the exam will be released in week 13 of semester 2.

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 essays and other written assessments will exclude all references in 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. 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

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:

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 10-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	1: Introduction to Tort law; 2: Historical background to modern Tort law	Lecture (2 hr)
Week 01	3: Trespass to the person	Lecture (1 hr)
Week 02	3: Trespass to the person; 4: Defences to trespass to the person	Lecture (2 hr)
	4: Defences to trespass to the person	Lecture (1 hr)
	1: Introduction to the course; historical background to modern Tort law	Tutorial (2 hr)
Week 03	5: Damages for trespass to the person	Lecture (2 hr)
	6: Trespass to land	Lecture (1 hr)
	3: Trespass to the person	Tutorial (2 hr)
Week 04	6: Trespass to land; 7: Nuisance	Lecture (2 hr)
	7: Nuisance	Lecture (1 hr)
	4: Defences to trespass to the person; 5: Damages for trespass to the person	Tutorial (2 hr)
Week 05	8: Negligence: duty of care	Lecture (2 hr)
	8: Negligence: duty of care	Lecture (1 hr)
	6: Trespass to land; 7: Nuisance	Tutorial (2 hr)
Week 07	9: Negligence: breach of duty; standard of care	Lecture (2 hr)
	10: Negligence: causation and remoteness of damage/scope of liability	Lecture (1 hr)
	8: Negligence: duty of care	Tutorial (2 hr)
Week 08	10: Negligence: causation and remoteness of damage/scope of liability	Lecture (2 hr)
	11: Mental harm	Lecture (1 hr)
	6: Negligence: breach of duty; standard of care	Tutorial (2 hr)
Week 10	1: Mental harm; 12: Pure economic loss	Lecture (2 hr)
	12: Pure economic loss	Lecture (1 hr)
	10: Negligence: causation and remoteness of damage/scope of liability	Tutorial (2 hr)
Week 11	13: Defences to negligence	Lecture (2 hr)
	13: Defences to negligence; 14: Damages for personal injuries and alternative systems of compensation	Lecture (1 hr)
	11: Mental harm; 12: pure economic loss	Tutorial (2 hr)
Week 12	15: Vicarious liability; 16: Concurrent liability and proportionate liability	Lecture (2 hr)
	16: Concurrent liability and proportionate liability	Lecture (1 hr)
	13: Defences to negligence; 14 Compensation for personal injuries and alternative systems of compensation	Tutorial (2 hr)
Week 13	15: Vicarious liability; 16: Concurrent liability and proportionate liability	Tutorial (2 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of tutorials 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). Where a case is designated as required reading, students are only expected to read the casebook extract.

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 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.

This is a new unit of study, and no previous feedback is available.

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

LAWS5024: Torts

Semester 2, 2025 [Normal day] - 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