Outline

Overview

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	Gemma Turton, gemma.turton@sydney.edu.au
Lecturer(s)	Gemma Turton, gemma.turton@sydney.edu.au
Lecturer(s)	Ross Abbs, ross.abbs@sydney.edu.au
Tutor(s)	Maximilian Rabie, maximilian.rabie@sydney.edu.au
Tutor(s)	Christopher Rudge, christopher.rudge@sydney.edu.au

Type	Description	Weight	Due	Length
Short release assignment	Short Release Final Assignment Problem-based assignment	60%	Formal exam period Due date: 05 Jun 2023 at 09:00 Closing date: 12 Jun 2023	3,000 words/10 days
Outcomes assessed:
Participation	Class participation Structured participation in two tutorials	10%	Multiple weeks	N/A
Outcomes assessed:
Supervised test ?	In-semester test Open book in-semester test 30 minutes reading time 90 minutes writing time	30%	Week 06 Due date: 31 Mar 2023 at 13:00	1.5 hours
Outcomes assessed:

Assessment summary

Class participation:

Participation marks will be assessed primarily, but not only, on a student’s participation when on call on two occasions. In the first tutorial, students will be allocated to be on call in two tutorials during the course of the semester: once in Weeks 4-6 and once in Weeks 7 to 13. (The tutorial problems will be in the Reading Guide and on Canvas.)

Students who are on-call should prepare answers to the tutorial questions and be prepared to answer the tutor’s/other student’s questions on the tutorial topic. They should demonstrate that they have read the required starred cases and any other required reading, reflected on the issues raised by the question, and have analysed these issues in light of their reading.

Students must be present and participate at their allocated tutorials in order for their tutorial participation to count. In the event that a student is unable to be on call at their allocated 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 allocated tutorial problems to the unit of study convenor, by Zoom or in person on a date to be arranged. A student who is unable for any reason to complete this alternative assessment will receive nil for the 10% allocated to tutorial participation. The 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.

In-semester test: students will complete a 1.5 hour open-book in-semester test, with an additional 30 minutes of reading time (total 2 hours). This will take place on campus at 1pm-3pm Friday 31 March 2023, venue tbc. It will be a pen and paper test.

The test will consist of a combination of multiple choice questions, short questions, and a problem question on topics 1-7.

A grant of special consideration will lead to a replacement test in Week 8.

Short-Release Final Assignment: students will complete a 3000 word problem-based assignment addressing topics 8-15. This is a short-release assignment that students will have 10 days to complete. The question will be released on 26/5/23 at 9am and due on 5/6/23 at 9am.

This is a problem-based assignment and not a research essay. It is designed to test students’ problem-solving ability, i.e. the ability to identify and analyse legal issues in a hypothetical fact scenario. It aims to test students’ understanding of the cases and legislation set out in the Reading Guide, and discussed in classes, although the best answers may follow up issues by reference to recommended texts and other sources, as appropriate.

Students are required to retain pre-submitted drafts of the assessment on file. The final document uploaded is the document that will be marked. Students are responsible for uploading the correct version of the correct document to the correct box for this subject.

A grant of special consideration will lead to an extension. No extensions will be permitted after the closing date, and any students who successfully apply for special consideration after the closing date will be required to complete an alternative assessment (which may be a different format to the original assignment).

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

Use of assistance: 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).

Requirement to pass a unit of study: A student must attend no fewer than 8 tutorials and make a genuine attempt of both assignments for this unit of study in order to obtain a Pass grade (or above): failure to comply with this requirement will lead to an Absent Fail grade being recorded as the student’s result for this unit of study. ( Students are strongly advised to attend all tutorials.)

Detailed information for each assignment will be found on Canvas in the assignment instructions.

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 Law School's policy on late submission is that a late 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. For example if the deadline is 5/6/2023 9am, an assignment submitted on 5/6/2023 after 9am but by 11.59pm would receive a penalty of 10%, and an assignment submitted on 6/6/2023 from 12am until 11.59pm would receive a penalty of 20%. Canvas allows students to submit after the deadline, but all submissions after the due date and time will be recorded as late. Subject to a 5 minute grace period, penalties for late submission will be applied strictly. The date and time of submission as recorded by Canvas is taken as the official and final record of a student's submission. The final document uploaded is the document that will be marked. Students are responsible for uploading the correct version of the correct document to the correct box for the subject. Corrupt and incorrect files submitted through Canvas will not be accepted. Canvas allows students to check their submission. Mid-semester test answers cannot be submitted after the test ends.

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 02	1. Introduction: scope and context of tort law; 2. Historical background of modern tort law	Lecture (3 hr)
Week 02	Introduction to tort law	Tutorial (1 hr)
Week 03	3. Trespass to the person: battery and assault	Lecture (3 hr)
Week 03	Workshop on answering problem questions	Tutorial (1 hr)
Week 04	3. Trespass to the person: false imprisonment; 4. Action on the case for wilful injury; 5. The statutory action for psychiatric injury to relatives of victims of intentional wrongs	Lecture (3 hr)
Week 04	Problem question on historical background and intentional torts to the person	Tutorial (1 hr)
Week 05	6. Damages for intentional torts to the person; 7. Defences to intentional torts	Lecture (3 hr)
Week 05	Problem questions on intentional torts to the person and the action on the case for wilful injury	Tutorial (1 hr)
Week 06	8. Negligence: Introduction; the concept of a duty of care and general principles in novel cases; established categories of duties; supervision and control of the plaintiff and third parties	Lecture (3 hr)
Week 06	Problem question on consent and absence of consent to medical treatment; case analysis exercise	Tutorial (1 hr)
Week 07	8. Negligence: Duties to avoid psychiatric injury; 9. Negligence: Breach of duty	Lecture (3 hr)
Week 07	Problem questions on the duty of care in negligence, established categories of duty and novel situations	Tutorial (1 hr)
Week 10	9. Negligence: Breach of duty; 10. Causation and remoteness of damage, scope of liability. Due to the public holiday the Monday 2 hour lecture will be recorded.	Lecture (3 hr)
Week 10	Problem questions on negligently inflicted psychiatric injury	Tutorial (1 hr)
Week 11	Topic 11: Defences to negligence; Topic 12: Compensation for personal injuries	Lecture (3 hr)
Week 11	Problem question on breach of duty and standard of care	Tutorial (1 hr)
Week 12	13. Vicarious liability and non-delegable duties; 14. Concurrent, joint and/or several liability for personal injury; contribution rights	Lecture (3 hr)
Week 12	Problem question on causation, remoteness and scope of liability	Tutorial (1 hr)
Week 13	15. Compensation to third parties following injury to or death of the primary victim	Lecture (3 hr)
Week 13	Problem questions on vicarious liability and contribution rights; personal injury claims and claims by third parties	Tutorial (1 hr)

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.

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

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. explain the relationship between the law of torts and its social context, including the theories and policies underpinning the operation of tort law
LO2. identify, understand and discuss the development of the law of torts in its historical context, both by case analysis and statutory interpretation
LO3. demonstrate problem-solving skills through the analysis of hypothetical situations to identify legal issues and the application of relevant legal principles to the problems that arise
LO4. demonstrate written communication skills, by writing in a well-structured, persuasive and logical manner, using plain, concise language
LO5. demonstrate oral communication skills by presenting analysis of problem scenarios and answering questions in person.

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.

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.

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

LAWS5001: Torts

Semester 1, 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

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect