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. It also aims to build students' skills in problem solving and applying the law to hypothetical or real life situations. Particular topics on which the unit will focus include: (a) The role and impact of tort law in modern society, in comparison with other fields of law; (b) The role of fault as the principal basis of liability in the modern law; (c) Historical development of the action 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 modern action on the case for intentional injury; (f) Defences to intentional torts; (g) Development and scope of the modern tort of negligence, including detailed consideration of the principles underpinning a duty of care in a range of common situations, the determination of breach of duty and the issues of causation and scope of liability or remoteness of damage, with particular reference to personal and psychiatric injury; (h) Compensation for personal injuries, including special and alternative compensation schemes; (i) Defences to negligence; (j) Vicarious liability for the torts of others and non-delegable duties; (k) Joint and several liability for personal injury and contribution between wrongdoers; (i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents; survival of actions following death; and actions by employers for injury to employees.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1006
Corequisites ?	None
Prohibitions ?	LAWS5001
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Ross Abbs, ross.abbs@sydney.edu.au
Lecturer(s)	Ross Abbs, ross.abbs@sydney.edu.au
Lecturer(s)	Barbara McDonald, barbara.mcdonald@sydney.edu.au
Tutor(s)	Roger Magnusson, roger.magnusson@sydney.edu.au
	David Rolph, david.rolph@sydney.edu.au
	Coel Kirkby, coel.kirkby@sydney.edu.au
	Christopher Rudge, christopher.rudge@sydney.edu.au

Type	Description	Weight	Due	Length
Supervised exam ?	Final Exam (60%) In-person final exam. 2 hours (plus 30 mins reading time)	60%	Formal exam period	2 hours
Outcomes assessed:
Participation	Class participation (10%) Students will answer questions from the tutor about the tutorial problems	10%	Ongoing	One hour tutorial
Outcomes assessed:
Short release assignment	Short Release Assignment (30%) 1500 word short release problem-based assignment	30%	Week 08 Due date: 19 Sep 2023 at 09:00 Closing date: 25 Sep 2023	1500 words / 8 working days
Outcomes assessed:
= hurdle task ?

Assessment summary

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

In the event that a student is unable to be on call at their assigned tutorial, or at an alternative tutorial arranged with their tutor, due to special consideration or for any other reason, the student will be required to make a personal presentation on one or two alternative problem questions to the unit of study convenor. A student who is unable for any reason to complete this alternative assessment will receive nil for the 10% allocated to tutorial participation. A primary objective of the task is to evaluate oral communication skills (ULO4) 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 the Law School’s graduate attributes.

Short release assignment (30%)
The assignment will engage with topics covered in Weeks 2-5 lectures only (ie, Topics 2-7 in the Reading Guide).

Students will be expected to apply disciplinary knowledge and analytical skills to the resolution of a problem question (or set of problem questions) engaging with relevant course material, including by: (a) thinking critically about the issues arising from the question/s and how they should be prioritised and addressed; (b) demonstrating sound understanding of case reading and and statutory intepretation techniques in relating appropriate legal sources to those issues; and (c) presenting written legal analysis in a well-structured, persuasive and logical manner.

The assignment question will be released at 9am on Friday 8 September, Sydney Australia time and submissions will be due at 9am on Tuesday 19 September, Sydney Australia time. Maximum 1500 words.

Final exam (60%)
The exam will primarily engage with topics covered in Weeks 6-13 lectures (ie, Topics 8-15 in the Reading Guide). It will be conducted as a pen-and-paper exam.

The exam will take place during the final exam period and will be closed book, although students will be provided with a list of cases from the Reading Guide and a collection of statutory extracts for reference.

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 essay and other written assessments will exclude all references/citations in footnotes and any bibliography (if required).

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 the unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study Outline 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 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 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 at 2pm or 11:59pm on the date of submission will attract a 10% penalty. A submission after 12 midnight will attract a 20% penalty, and so on. Late penalties will be strictly applied; there is no grace period.

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
Week 01	Introduction: Scope and context of tort law - structure of the course; interests protected; strict and fault-based liability; role of common law and statute; comparisons with no-fault schemes.	Lecture (2 hr)
Week 01	Introduction to tort law.	Tutorial (1 hr)
Week 02	Historical background of modern tort law: the development of the trespass actions and the action on the case.	Lecture (2 hr)
Week 02	Answering problem questions in assignments and exams.	Tutorial (1 hr)
Week 03	Trespass to the person: battery and assault; false imprisonment.	Lecture (2 hr)
Week 03	Historical background and intentional torts to the person.	Tutorial (1 hr)
Week 04	The action on the case for wilful injury: the principle in Wilkinson v Downton. The statutory action for nervous shock.	Lecture (2 hr)
Week 04	Intentional torts to the person continued.	Tutorial (1 hr)
Week 05	Damages for intentional torts to the person; Defences to intentional torts including consent to medical treatment.	Lecture (2 hr)
Week 05	The action on the case for wilful injury; Statutory action for nervous shock.	Tutorial (1 hr)
Week 06	Negligence: introduction, duty of care. General principles in novel cases. Negligence: established categories of duties of care relating to personal injury.	Lecture (2 hr)
Week 06	Defences; consent to medical treatment. Damages for intentional torts.	Tutorial (1 hr)
Week 07	Negligence: duties to control or protect third parties; duties to avoid psychiatric injury.	Lecture (2 hr)
Week 07	The duty of care in negligence; general principles and established categories.	Tutorial (1 hr)
Week 08	Negligence: breach of duty and the standard of care in negligence. Professional standards.	Lecture (2 hr)
Week 08	Negligently inflicted psychiatric injury.	Tutorial (1 hr)
Week 09	Recorded lecture (in place of public holiday lecture) on Negligence: Causation, scope of liability and remoteness of damage; the requirement of damage.	Independent study (2 hr)
Week 09	Breach of duty and standard of care.	Tutorial (1 hr)
Week 10	Defences to negligence.	Lecture (2 hr)
Week 10	Causation, remoteness and scope of liability.	Tutorial (1 hr)
Week 11	Compensation for personal injuries; Survival claims by the deceased person’s estate. Compensation to Relatives Act claims and claims by employers of injured worker.	Lecture (2 hr)
Week 11	Defences to negligence.	Tutorial (1 hr)
Week 12	Vicarious liability. Non delegable duties.	Lecture (2 hr)
Week 12	Personal injury compensation; survival claims by victim’s estate; claims by third parties.	Tutorial (1 hr)
Week 13	Concurrent, joint and/or several liability for personal injury. Statutory contribution and indemnity rights between multiple concurrent tortfeasors.	Lecture (2 hr)
Week 13	Vicarious liability, non-delegable duties, statutory contribution and indemnity rights between multiple concurrent tortfeasors.	Tutorial (1 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of timetabled activities (ie, tutorials) to satisfy the pass requirements for this unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final exam. 

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

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) or found in the Reading Guide.

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. 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 law
LO4. develop oral communication skills
LO5. 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
Learning outcomes

Responding to student feedback

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

No changes have been made since this unit was last offered.

Additional information

A number of podcasts examining key cases in detail will be made available to students via Canvas, as a supplement to the lecture program. It is expected that students will listen to these in the course of private study.

Throughout the semester, teaching staff may post on Canvas additional material to guide students on particular topics. It is expected that students will review these in their own time before the appropriate class.

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS1012: Torts

Semester 2, 2023 [Normal day] - 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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect