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. 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 Abbs, ross.abbs@sydney.edu.au
Lecturer(s)	Maria Markoulli, m.markoulli@sydney.edu.au

Assessment

The census date for this unit availability is 2 April 2024

Details
Criteria

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 Structured participation in one seminar, plus general participation	10%	Multiple weeks	Class length
Outcomes assessed:
Short release assignment	Short Release Assignment 1500 word short release problem-based assignment	30%	Week 07 Due date: 09 Apr 2024 at 09:00 Closing date: 18 Apr 2024	1500 words / 9 working days
Outcomes assessed:

Assessment summary

Class participation (10%): Participation marks will be assessed primarily on a student’s participation when on call in an assigned seminar as determined by their lecturer. 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 lecturer and leading class discussion.

In the event that a student is unable to be on call at their assigned seminar, or at an alternative seminar arranged with their lecturer, special consideration must be sought and (if special consideration is granted) 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 class participation. A primary objective of the task is to evaluate oral communication skills (ULO5) 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 concern Topics 2-7 in the Reading Guide only.

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 statutory interpretation 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 25 March 2024, Sydney Australia time and submissions will be due at 9am on 9 April 2024, Sydney Australia time. Maximum 1500 words.

Students are required to retain pre-submission drafts of the assignment on file. The final document uploaded is the document that will be marked, with any late penalty calculated by reference to the time it was submitted. 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 exceeding the closing date for the assignment (as specified in the Unit Outline) will be permitted, and if it is determined that a student's circumstances would otherwise warrant such an extension, the student will be required to complete an alternative assessment (which may be a different format to the original assignment).

Final Exam (60%): The exam will primarily concern Topics 8-15 in the Reading Guide. It will be conducted as a pen-and-paper exam, held on-campus.

The exam will take place during the final exam period and will be open book. The duration will be 2 hours plus 30 minutes reading time.

A grant of special consideration will lead to a replacement exam (which may be a different format to the original exam).

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

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 and automated writing tools: 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). The use of Studiosity does not breach this rule but must be acknowledged.

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 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, if an assignment is due at 9am on a nominated day, a submission at 2pm or 11:59pm on the same day will attract a 10% penalty. A submission at or after 12 midnight will attract a 20% penalty, and so on. Late penalties will be strictly applied; there is no grace period. The date and time of submission as recorded by Canvas is taken as the official and final record of a student's submission. Late penalties do not apply to exams and tests 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	1. Introduction: scope and context of tort law; 2. Historical background of modern tort law	Seminar (3 hr)
Week 02	3. Trespass to the person	Seminar (3 hr)
Week 03	4. Action on the case for wilful injury; 5. The statutory action for psychiatric injury to relatives of victims of intentional wrongs	Seminar (3 hr)
Week 04	6. Defences to intentional torts; 7. Damages for intentional torts to the person	Seminar (3 hr)
Week 05	8. Negligence: duty of care	Seminar (3 hr)
Week 06	8. Negligence: duty of care	Seminar (3 hr)
Week 07	9. Negligence: breach of duty	Seminar (3 hr)
Week 08	9. Negligence: breach of duty	Seminar (3 hr)
Week 09	10. Negligence: Causation and remoteness of damage/scope of liability	Seminar (3 hr)
Week 10	10. Negligence: Causation and remoteness of damage/scope of liability; 11. Defences to negligence	Seminar (3 hr)
Week 11	11. Defences to negligence; 12. Compensation for personal injuries	Seminar (3 hr)
Week 12	13. Vicarious liability and non-delegable duties; 14. Concurrent, joint and/or several liability; contribution and indemnity rights	Seminar (3 hr)
Week 13	15. Compensation following injury to or death of the primary victim	Seminar (3 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, and 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

The required text for this course is:

B McDonald, D Rolph, P Crossley and G Turton, Cases on Torts, 7th ed, Federation Press, 2023

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. identify and describe theories and policies underpinning the operation of tort law and demonstrate a systematic understanding of the law of torts in its social context
LO2. apply case analysis and statutory interpretation skills to explain the historical development of tort law
LO3. apply problem-solving skills to develop solutions to hypothetical legal problems
LO4. develop persuasive, logically-structured written legal arguments using plain, concise language
LO5. communicate sound oral arguments and information about tort law to a range of audiences

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.

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 materials 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

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5001: Torts

Semester 1, 2024 [Normal evening] - 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

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

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect