Outline

Overview

This unit will explore a number of contentious issues arising in the law of civil obligations and remedies. It will revise and build on the fundamentals in the areas of torts, contracts and equity and place particular emphasis on the interaction of these three fields of the law. Particular topics and problems will involve issues of: causation and scope of liability; controlling liability by contract; tort duties to third parties to contracts; assessing loss; duties of good faith; fiduciary duties and conflicts.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	Available to law graduates only
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Jamie Glister, jamie.glister@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Research Essay (70% or 90%) Research Essay (70% or 90%)	0%	- Due date: 16 Oct 2023 at 23:59 Closing date: 30 Oct 2023	6000wd or 7500 wd / 3 months
Outcomes assessed:
Participation	Class Participation (10%) Class Participation (10%)	0%	Ongoing	Ongoing
Outcomes assessed:
Short release assignment	Short-release Optional Case Note or Comment (20%) Short-release Optional Case Note or Comment (20%)	0%	Week -01 Due date: 10 Jul 2023 at 23:59 Closing date: 13 Jul 2023	1500wd / 10 working days
Outcomes assessed:
Assignment	Proposal for Research Essay (0%) Proposal (0%)	0%	Week 04 Due date: 11 Aug 2023 at 23:59 Closing date: 25 Aug 2023	200wd / 3 weeks
Outcomes assessed:

Assessment summary

Class Participation (10%): Unstructured / 'free-form' class participation.

Short-release Optional Case Note or Comment (20%, 1500wd): Students should consider issues such as: placing the decision or argument in its broader legal context; the impact of the case or argument in practice/principle; the potential implications of the case or argument; and the novelty or significance of the case or argument or the issues in it.

Research Essay (70% or 90%; 6000wd or 7500 wd): A list of suggested topics will be circulated on the final day of class, Friday 21 July. Students are also free to devise their own research proposal for their essay in consultation with the unit co-ordinator.Proposal for Research Essay (0%, 200wd): Students should submit an outline / proposal for their Research Essay to the unit co-ordinator within 3 weeks following the end of classes.

Detailed information for each assessment can be found on Canvas.

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 prescribed word limit includes all words (including references). For the avoidance of doubt this includes all body text, titles, headings, quotations, numbering, footnote citations, footnote text, etc. All words count. A bibliography is not required, but if one is included then the words in it will count towards the word limit.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

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 (except where they are Optional) 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 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 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, 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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

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	Public authority liability	Seminar (2 hr)
	Rethinking vitiating factors	Seminar (2 hr)
	Contract law and trust	Seminar (2 hr)
	Remedies in public law	Seminar (2 hr)
	Commercial contract minimalism	Seminar (2 hr)
	Mutual wills	Seminar (2 hr)
	Offshore trusts	Seminar (2 hr)
	Intentional economic torts	Seminar (2 hr)
	Causation in equity	Seminar (2 hr)
	Perfecting gifts in equity	Seminar (2 hr)
	Fearn and the law of nuisance	Seminar (2 hr)
	What is special about equity?	Seminar (2 hr)
	Explaining tort and crime	Seminar (2 hr)

Attendance and class requirements

Attendance: Attendance at all classes is compulsory. Students will not be eligible to submit a research essay unless they have attended all classes.
Referencing: The assessment cover sheet requires you to declare that the work of others has been fully acknowledged by way of reference, including where appropriate, quotation marks. Use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style.

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 Reading Guide will be available on Canvas.

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. understand the fundamental and advanced concepts and controversies underlying civil obligations and remedies
LO2. understand some of the practical difficulties of applying settled and developing concepts in practice
LO3. understand the potential for the law to develop further on particular issues
LO4. exercise their skills in critical analysis and application of the law, and their abilities to carry out independent research, to engage in oral and written discussion and to write clearly and concisely.

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.

Changes to topics and assessment regime

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

LAWS6947: Advanced Obligations and Remedies

Intensive July - August, 2023 [Block mode] - England

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