LAWS5001: Semester 1, 2025
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Unit outline_

LAWS5001: Torts

Semester 1, 2025 [Normal day] - Camperdown/Darlington, Sydney

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 Gemma Turton, gemma.turton@sydney.edu.au
Lecturer(s) Gemma Turton, gemma.turton@sydney.edu.au
The census date for this unit availability is 31 March 2025
Type Description Weight Due Length
Small continuous assessment In-class assessment tasks (80%)
Invigilated in-class quiz
80% Multiple weeks Six tests, 20-30 minutes each
Outcomes assessed: LO1 LO2 LO3 LO4
Participation Structured class participation (20%)
Two panels
20% Ongoing Ongoing
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Online task Early Feedback Task Early Feedback Task (0%)
#earlyfeedbacktask
0% Week 03
Due date: 14 Mar 2025 at 23:59

Closing date: 14 Mar 2025
10x Multiple Choice Questions
Outcomes assessed: LO1 LO2
early feedback task = early feedback task ?

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 ten [10] 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 10 March 2025 (Sydney Australia time) and must be completed by 11.59PM, Friday 14 March 2025 (Sydney Australia time).

Structured class participation (20%): Students will be assigned to be 'on call' in two separate panels in seminars 2-13. The lecturer will make these allocations in the first seminar, 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 be handwritten. Each assessment will be completed during an allocated seminar as specified in the table below. Electronic devices will not be permitted. 

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

1. Topics 2 and 3: week 3

2. Topics 4 -7: week 5

3. Topic 8: week 7

4. Topic 9: week 9

5. Topics 10-12: week 12

6. Topics 13-15: week 13

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 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 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.

Use of generative artificial intelligence (AI) and automated writing tools

Except for supervised exams or in-semester tests, you may use generative AI and automated writing tools in assessments unless expressly prohibited by your unit coordinator. 

For exams and in-semester tests, the use of AI and automated writing tools is not allowed unless expressly permitted in the assessment instructions. 

The icons in the assessment table above indicate whether AI is allowed – whether full AI, or only some AI (the latter is referred to as “AI restricted”). If no icon is shown, AI use is not permitted at all for the task. Refer to Canvas for full instructions on assessment tasks for this unit. 

Your final submission must be your own, original work. You must acknowledge any use of automated writing tools or generative AI, and any material generated that you include in your final submission must be properly referenced. You may be required to submit generative AI inputs and outputs that you used during your assessment process, or drafts of your original work. Inappropriate use of generative AI is considered a breach of the Academic Integrity Policy and penalties may apply. 

The Current Students website provides information on artificial intelligence in assessments. For help on how to correctly acknowledge the use of AI, please refer to the  AI in Education Canvas site

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.

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

WK Topic Learning activity Learning outcomes
Week 01 1. Introduction: scope and context of tort law; 2. Historical background of modern tort law Seminar (3 hr) LO1 LO2
Week 02 3. Trespass to the person Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
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) LO1 LO2 LO3 LO4 LO5
Week 04 6. Defences to intentional torts; 7. Damages for intentional torts to the person Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 05 8. Negligence: duty of care Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 06 8. Negligence: duty of care Individual study (3 hr) LO1 LO2 LO3 LO4 LO5
9. Negligence: breach of duty Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 07 9. Negligence: breach of duty Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 09 10. Negligence: Causation and remoteness of damage/scope of liability Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 10 10. Negligence: Causation and remoteness of damage/scope of liability; 11. Defences to negligence Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 11 11. Defences to negligence; 12. Compensation for personal injuries Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 12 13. Vicarious liability and non-delegable duties; 14. Concurrent, joint and/or several liability; contribution and indemnity rights Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 13 15. Compensation following injury to or death of the primary victim Seminar (3 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).  

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

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 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. 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
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.

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.

This unit of study outline was last modified on 05 Feb 2025.

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