Outline

Overview

This unit aims to complete the study of tort law and contract law acquired in Torts and Contracts respectively and to encourage the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. This course will also consider liability under the Australian Consumer Law. Core topics are: (a) Causation and remoteness of damage principles in contract law and the calculation of damages for breach of contract; (b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake and misrepresentation; duress; and undue influence. This topic includes a study of equitable as well as common law principles and statutory rights and remedies; (c) Liability and remedies for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law); (d) Trespass to Land including damage by aircraft; (e) Nuisance; (f) Intentional Interference with goods; (g) Negligence Liability for property damage and pure economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties rather than the primary victim, liability for defective construction; (h) Proportionate liability where it applies to tort, contract and statutory liabilities. Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1012 and LAWS1015
Corequisites ?	None
Prohibitions ?	LAWS5006
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Natalie Silver, natalie.silver@sydney.edu.au
Lecturer(s)	Barbara McDonald, barbara.mcdonald@sydney.edu.au
	Natalie Silver, natalie.silver@sydney.edu.au
	Katherine Owens, kate.owens@sydney.edu.au
	David Winterton, david.winterton@sydney.edu.au
Tutor(s)	Olugbenga Olatunji, olugbenga.olatunji@sydney.edu.au
	Brendan Ofner, brendan.ofner@sydney.edu.au
	Maximilian Rabie, maximilian.rabie@sydney.edu.au
	Charlie Ward, charlie.ward@sydney.edu.au
	Alexander Kuklik, alex.kuklik@sydney.edu.au

Assessment

The census date for this unit availability is 2 September 2024

Details
Criteria

Type	Description	Weight	Due	Length
Small test	In-class assessment tasks: 80% Invigilated in-class quiz	80%	Multiple weeks	Six tests/20-30 minutes each
Outcomes assessed:
Participation	Assigned class participation: 20% Two panels	20%	Ongoing	Ongoing
Outcomes assessed:
Online task	Early Feedback Task (0%) #earlyfeedbacktask	0%	Week 03 Due date: 16 Aug 2024 at 23:59 Closing date: 23 Aug 2024	5x Multiple Choice Questions
Outcomes assessed:

Early feedback task

This unit includes an early feedback task, designed to give you feedback prior to the census date for this unit. Details are provided in the Canvas site and your result will be recorded in your Marks page. It is important that you actively engage with this task so that the University can support you to be successful in this unit.

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 five [5] questions tailored to reflect key content covered up to and including week 3 of the unit. You will have multiple attempts to complete the task. The task will be available on Canvas from 9.00AM Monday 12 August 2024 (Sydney Australia time) and must be completed by 11.59PM, Friday 16 August (Sydney Australia time).

Assigned class participation (20%) : Students will be assigned to be 'on call' in two separate panels in Tutorials 1 through 8. Tutors will make these allocations prior to the first tutorial, and will post the allocations on Canvas. The final mark for this assessment will be based on the highest mark out of the two marks received for each panel. Students who are unable to attend one of their assigned on-call panels will receive a final mark based on the other assigned panel. Students who are unable to attend both of their assigned on-call panels and obtain special consideration will be given an alternative or varied assessment task, with the format to be determined by the unit coordinator.

In-class assessment tasks (80%) : Students must undertake six (6) in-class assessment tasks during the semester. The format of these tasks will differ depending on the content being assessed, but will typically be quizzes in the format of either multiple-choice questions, short answer questions and/or problem questions. The duration of each task will range from 20 to 30 minutes. The assessment tasks will be 'open book', meaning that students can bring printed or handwritten materials into the lecture room.

Students are required to genuinely attempt all six assessment tasks. The final mark for this assessment will be based on the highest four marks out of the six marks received.

The assessments will either be handwritten or completed online via Canvas, at the discretion of the unit coordinator. Each assessment will be completed during an allocated lecture as specified in the table below. For handwritten assessments, electronic devices will not be permitted. For online assessments, it is essential that students bring a laptop connected to the internet to complete the assessments. If you do not own a laptop, you may borrow one from the Library: Services and facilities (sydney.edu.au).

The schedule for the in-class assessment tasks is as follows:

In-class assessments

Topics 1 and 2 (Lecture 5)
Topics 3 and 4 (Lecture 8)
Topics 5 and 6 (Lecture 9)
Topics 7 and 8 (Lecture 10)
Topic 9 (at normal lecture time and place in Week 12)
Topics 10, 11 and 12 (at normal lecture time and place in Week 13)

Special consideration: Successful grants of Special Consideration for more than two in-class assessments will result in a new or varied invigilated written assessment task at the discretion of the unit coordinator. Successful grants of Special Consideration for one or two in-class assessment tasks 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

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 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:

Late penalties do not apply to in-class assessment tasks and any late submission will not be accepted.

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.

Support for students

The Support for Students Policy 2023 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 2023. 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	Lecture 1: Topic 1: Trespass to Land.	Lecture (2 hr)
Week 01	Lecture 2: Topic 2: Private nuisance; statutory liability for damage by aircraft.	Lecture (2 hr)
Week 02	Lecture 3: Topic 3: Tort liability for interference with goods.	Lecture (2 hr)
	Lecture 4: Topic 4: Tort liability for pure economic loss (PEL): intentional torts and negligence (including deceit, negligence misstatement and professional negligence).	Lecture (2 hr)
	Tutorial 1: Introduction and panel allocations; problems on trespass to land, statutory liability for damage by aircraft and private nuisance.	Tutorial (2 hr)
Week 03	Lecture 5: Topic 5: PEL from third party property damage and third party personal injury.	Lecture (2 hr)
	Lecture 6: Topic 6: Multiple Wrongdoers - proportionate liability.	Lecture (2 hr)
	Tutorial 2: Problems on tort liability for interference with goods and PEL (deceit, negligent misstatement and professional negligence).	Tutorial (2 hr)
Week 04	Lecture 7: Topic 7: Introduction to vitiating factors and the remedy of rescission; mistake: undue influence and duress.	Lecture (2 hr)
Week 04	Tutorial 3: Problems on PEL from third party property damage or personal injury; multiple wrongdoers and proportionate liability.	Tutorial (2 hr)
Week 05	Lecture 8: Topic 8: Unconscionable conduct and unfair contract terms.	Lecture (2 hr)
Week 05	Tutorial 4: Problems on mistake, duress and undue influence.	Tutorial (2 hr)
Week 07	Lecture 9: Topic 9: Misrepresentation as a vitiating factor at general law and statutory liability for misleading or deceptive conduct.	Lecture (2 hr)
Week 07	Tutorial 5: Problems on undue influence, unconscionable conduct and unfair contract terms.	Tutorial (2 hr)
Week 09	Lecture 10: Topic 10: Causation and remoteness of damage in contract.	Lecture (2 hr)
Week 09	Tutorial 6: Problems on misrepresentation at general law and statutory liability for misleading or deceptive conduct.	Tutorial (2 hr)
Week 11	Lecture 11: Topic 11: Measure of damages in contract.	Lecture (2 hr)
	Lecture 12: Topic 12: Sums fixed by contract.	Lecture (2 hr)
	Tutorial 7: Problems on causation and remoteness of damages in contract.	Tutorial (2 hr)
Week 12	Tutorial 8: Measure of damages and problems on sums fixed by contract.	Tutorial (2 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 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 undertaking the final assessment.

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. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

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

A Robertson, J Paterson, Contract: Cases and Materials (Thomson Reuters, 14th ed, 2020)

A Robertson, J Paterson, Principles of Contract Law (Thomson Reuters, 6th ed, 2020)

JW Carter, Cases and Materials on Contract Law in Australia (LexisNexis, 7th ed, 2019 or 8th edition 2023)

JW Carter, Contract Law in Australia (LexisNexis, 7th ed, 2018 or 8th edition 2023)

AND

B McDonald, R Anderson & D Rolph, Cases on Torts, 7th ed, Federation Press, 2023 (a supplement to this book is available at www.federationpress.com.au).

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. to an advanced level, identify and describe relevant legal principles of tort and contract law in hypothetical problem situations discussed in the unit and embedded in assessment tasks.
LO2. critically evaluate and apply relevant principles of tort and contract law using appropriate legal authorities to respond to assessment tasks.
LO3. develop effective and persuasive written and oral legal arguments synthesising knowledge of torts and contract law to an advanced level when responding to class discussion and assessment tasks.

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 has been restructured since it was last offered and the 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

Early feedback task

Assessment summary

Assessment criteria

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

Media

Student links

About us

Connect

Current students

LAWS1017: Torts and Contracts II

Semester 2, 2024 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Early feedback task

Assessment summary

Assessment criteria

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

Media

Student links

About us

Connect