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Unit outline_

LAWS5001: Torts

Semester 1, 2021 [Normal evening] - Camperdown/Darlington, Sydney

TThis 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. Particular topics on which the unit will focus include: (a) The relationship between torts and other branches of the common law including contract and criminal law; (b) The role of fault as the principal basis of liability in the modern law; (c) Historical development 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 action on the case for intentional injury; (f) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence; (g) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury; (h) Compensation for personal injuries, including special and alternative compensation schemes; (i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents; (j) Defences to negligence. (k) Vicarious Liability and non-delegable duties (l) Joint and several liability and contribution.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
LAWS5000
Prohibitions
? 
LAWS1010 or LAWS1012 or LAWS3001
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Ross Anderson, ross.anderson@sydney.edu.au
Lecturer(s) Ross Anderson, ross.anderson@sydney.edu.au
Type Description Weight Due Length
Final exam (Take-home extended release) Type E final exam Final take-home examination
Written 48 hour take-home examination (80% or 100%)
0% Formal exam period 48 hours
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Optional Assignment
Assignment (20%)
0% Mid-semester break
Due date: 09 Apr 2020 at 10:00
1500 words
Outcomes assessed: LO1 LO2 LO3 LO4
Type E final exam = Type E final exam ?

Assessment summary

Optional assignment 1500 words worth 20% due Friday, 9 April 2021 @ 10am (one week release) and Final exam (take-home) 3000 words worth 80% or 100% duration 48 hours.  Optional assignment consists of one essay question with a problem-solving element on the topics “Scope of tort law” and “Historical background”.  The final exam consists of four problem or essay questions (no choice) covering all topics in the 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 an assignment 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.

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.

WK Topic Learning activity Learning outcomes
Week 01 Scope of tort law Lecture (3 hr) LO1 LO2 LO3
Week 02 Historical background Lecture (3 hr) LO1 LO2 LO3
Week 03 Historical background Lecture (3 hr) LO1 LO2 LO3
Week 04 Trespass to the person Lecture (3 hr) LO1 LO2 LO3
Week 05 Trespass to the person Lecture (3 hr) LO1 LO2 LO3
Week 06 Intentional infliction of psychiatric injury Lecture (3 hr) LO1 LO2 LO3
Week 07 Concurrent tortfeasors Vicarious liability Lecture (3 hr) LO1 LO2 LO3
Week 08 Vicarious liability Lecture (3 hr) LO1 LO2 LO3
Week 09 Negligence:duty of care Lecture (3 hr) LO1 LO2 LO3
Week 10 Negligence:duty of care Lecture (3 hr) LO1 LO2 LO3
Week 11 Negligence:breach of duty Causation and remoteness of damage Compensation for personal injuries Lecture (3 hr) LO1 LO2 LO3
Week 12 Death or injury to a third party Lecture (3 hr) LO1 LO2 LO3
Week 13 Defences to trespass Defences to negligence Lecture (3 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance requirements: 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.

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 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. A link to the library website, where this is comprehensively set out, is available at https://libguides.library.usyd.edu.au.

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 required text for this course is: 

  • B McDonald R Anderson and DK Rolph, Cases on Torts, 6th ed, Federation Press, 2017

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

You will also need to regularly review a Torts textbook throughout this course. The recommended textbooks can be found in the reading guide and will be discussed in the first lecture. Please see the reading guide for full details of the course readings (available on Canvas).

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.

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 legal principles to the problems that arise
  • LO4. 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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

Staff in this unit constantly review and reflect upon the content of this unit in light of student feedback. Constructive feedback via the unit of study survey is gratefully received.

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.