Outline

Overview

This unit presents the major aspects of the law of negligence from the perspective of statute. While there is detailed coverage of the Civil Liability Act, the larger goal is to demonstrate that for at least a century, much of the law of negligence is a product of, or a reaction to statute. That is most obvious in areas such as contributory negligence, tortfeasor contribution and personal injury damages, although the true extent of the role of statute is greater than is often perceived. But statute is at the forefront of basic areas such as duty of care and causation, in important aspects of breach (notably, for professional negligence), in the availability of damages for psychiatric injury, as well as having been central to the immunities of highway authorities and other public authorities for many centuries. The unit will also facilitate a greater appreciation of the range of statutes and the different ways in which they interact with judge-made law.

Unit details and rules

Unit code	LAWS6357
Academic unit	Law
Credit points	6
Prohibitions ?	None
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	undergraduate law degree
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Barbara McDonald, barbara.mcdonald@sydney.edu.au
Lecturer(s)	Mark Leeming, mleeming@mcs.usyd.edu.au

Type	Description	Weight	Due	Length
Assignment	Optional case note (20%) case note	0%	Week 01 Due date: 16 Jan 2023 at 09:00 Closing date: 16 Jan 2023	1500-2000 words
Outcomes assessed:
Assignment	Research essay (80% or 100%) Research essay	0%	Week 05 Due date: 20 Mar 2023 at 12:00 Closing date: 20 Apr 2023	6000/8000 words / 9 weeks
Outcomes assessed:

Assessment summary

Research essay: The research essay will contribute 80% to the final grade if the optional case note is submitted. If the case note is not submitted, the essay will contribute 100%. Students who submit a case note will be required to write a 6000-word research essay, otherwise, the word count is 8000 words. The topics for the research essay will be released on 20 January 2023. A student may propose their own topic but will need to do so by 20 January 2023 and obtain feedback on the suitability of the topic with the lecturers on that day in person. The research essay will be due on 20 March 2023 at 12 noon (Sydney, Australia time). The outcome of a grant of special consideration application after the closing date may include an alternative task, at the discretion of the Unit Coordinator.

Optional case note: Optional case note on a case listed in the reading guide and on Canvas for this task. The list of cases will be made available to students prior to the commencement of the unit. This component will contribute 20% of the final grade if this option is chosen. The optional case note is due on 16 January 2023 at 9am (Sydney, Australia time). The outcome of a grant of special consideration application after the closing date may include an alternative task, at the discretion of the Unit Coordinator.

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 essay and other 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.

Use of editors or proof-readers: The use of editors (including proof-readers) is permitted in the preparation of work submitted for assessment in this unit of study. Students must acknowledge any such assistance in accordance with Academic Honesty Procedures.

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 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. Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.
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 sydney.edu.au/students/guide-to-grades.

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 late submission of a piece of assessment, for which an extension has not been granted by the unit coordinator, will attract a penalty of 5% of the total marks available for the piece of assessment, per 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.

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.

Weekly schedule

WK	Topic	Learning activity
Ongoing	1. Statute and common law; 2. Milestones in negligence; 3. The Ipp Report and the Civil Liability Act: breach of duty	Seminar (6.5 hr)
	1. Causation; 2. Causation and scope of liability; 3. Contributory negligence and other defences	Seminar (6.5 hr)
	1. Duty; 2. Pure mental harm; 3. The liability of highway authorities	Seminar (6.5 hr)
	1. Statutory contribution, vicarious liability, and proportionate liability; 2. Damages for personal injury; 3. Conclusion and review	Seminar (6.5 hr)

Attendance and class requirements

Attendance: 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. For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. In this unit of study, students are required to attend for a minimum of 3 full days of the classes, but are strongly advised to attend all 4 days to support the successful completion of the 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 essay and other 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, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

Required readings for this unit can be accessed on Canvas.

M Leeming, The Statutory Foundations of Negligence (Federation Press, 2019)

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. demonstrate familiarity with the application of and ongoing interaction between statutes and judge-made law.
LO2. demonstrate a deeper understanding of the law of negligence and an appreciation of its historical development.
LO3. demonstrate an applied understanding of the principles of statutory interpretation and of the development of the law.

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 unit will be continuously developed, taking into account student evaluations

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

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

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

Media

Student links

About us

Connect

Current students

LAWS6357: The Statutory Foundations of Negligence

Intensive February, 2023 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

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

Media

Student links

About us

Connect