Outline

Overview

This unit aims to develop 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 builds on the introduction to tort law and contract law which students acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider related statutes such as 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 (such as those under the Australian Consumer Law); (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 ?	LAWS5000 and LAWS5001 and LAWS5002
Corequisites ?	None
Prohibitions ?	LAWS1017
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Gregory Tolhurst, greg.tolhurst@sydney.edu.au
Lecturer(s)	Natalie Silver, natalie.silver@sydney.edu.au
	Gregory Tolhurst, greg.tolhurst@sydney.edu.au
	Barbara McDonald, barbara.mcdonald@sydney.edu.au
Tutor(s)	Hamish White, hamish.white@sydney.edu.au
	Adam Waldman, adam.waldman@sydney.edu.au
	Mitheran Selvendran, mitheran.selvendran@sydney.edu.au
	Jack Pembroke-Birss, jack.pembroke-birss@sydney.edu.au
	Harry Simons, harrison.simons@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Tutorial participation Students will be assigned to do one on-call presentation.	10%	Ongoing	n/a
Outcomes assessed:
Assignment	Interim short-release assignment Short-release assignment	30%	Week 06 Due date: 17 Sep 2021 at 10:00 Closing date: 20 Sep 2021	1500 words (excluding footnotes)/ 3 days
Outcomes assessed:
Assignment	Final short-release assignment Final short-release assignment	60%	Week 13 Due date: 15 Nov 2021 at 08:00 Closing date: 18 Nov 2021	2500 words (excluding footnotes)/ 3 days
Outcomes assessed:

Assessment summary

1. Interim assignment (30%)

This written problem-based assessment is 1,500 words (excluding footnotes). The release date is 10am on Tuesday 14 September. The due date is 10am on Friday 17 September. Only topics 1-3 will be examined.

2. Tutorial participation (10%)

This assessment is based on an assigned ‘on-call’ oral presentation, which will involve answering the tutorial questions in one of tutorials 2, 3, 4, 5, 6, 7 or 8. Allocations will be made by tutors at, or immediately following, the first tutorial and will be posted on Canvas. If a student does not do their ‘on call’ presentation, the alternative assessment will be a viva voce.

3. Final Assignment (60%)

This written problem-based assessment is 2,500 words (excluding footnotes). The release date is 8am on Friday 12 November. The due date is 8am on Monday 15 November. Topics 1 and 4 – 14 inclusive are examinable. Topics 2 and 3 will not be re-examined in this assessment.

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, 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. No extensions will be granted after the relevant closing date. Any successful applications for special consideration after the closing date will be required to complete a replacement assessment.

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 01	Introduction to Torts and Contract II; tort and contractual liabilities and remedies in various contexts.	Lecture (2 hr)
Week 01	Damages: causation and remoteness of damages in contract.	Lecture (2 hr)
Week 02	Measure of damages in contract.	Lecture (2 hr)
Week 02	Introduction and panel allocations; problems on causation and remoteness in contract.	Tutorial (2 hr)
Week 03	Sums fixed by contract, including the law relating to penalties.	Lecture (2 hr)
Week 03	Problems on measure of damages in contract.	Tutorial (2 hr)
Week 04	Introduction to vitiating factors and the remedy of rescission; duress and mistake.	Lecture (2 hr)
	Undue influence, unconscionable conduct and unfair contract terms.	Lecture (2 hr)
	Further problems on measure of damages in contract; and problems on sums fixed by contract, including the law of penalties.	Tutorial (2 hr)
Week 07	Misrepresentation at general law and statutory liability for misleading or deceptive conduct.	Lecture (2 hr)
Week 07	Problems on duress; mistake; undue influence; and unconscionable conduct.	Tutorial (2 hr)
Week 09	Introduction to torts section of course; trespass to land plus statutory liability for damage by aircraft.	Lecture (2 hr)
	Private nuisance; tort liability for interference with goods.	Lecture (2 hr)
	Further problems on unconscionable conduct; problems on misrepresentation at general law and statutory liability for misleading or deceptive conduct.	Tutorial (2 hr)
Week 10	Pure economic loss (PEL) in negligence: negligent misstatements and professional negligence.	Lecture (2 hr)
	PEL from third party property damage and third party personal injury.	Lecture (2 hr)
	Problems on trespass to land; private nuisance; and tort liability for interference with goods.	Tutorial (2 hr)
Week 11	PEL from defective structures and products; multiple wrongdoers - proportionate liability.	Lecture (2 hr)
Week 11	Problems on PEL from negligent misstatements and professional negligence; and PEL from third party property damage.	Tutorial (2 hr)
Week 12	Problems on PEL from defective structures and products; and multiple wrongdoers – proportionate liability.	Tutorial (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of live classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. 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: footnote numbers; footnote citation; cover page and will include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing requirements: 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 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

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)

J Carter, Cases and Materials on Contract Law in Australia (LexisNexis, 7th ed, 2019)

J Carter, Contract Law in Australia (LexisNexis, 7th ed, 2018)

AND

B McDonald, R Anderson & D Rolph, Cases on Torts, 6th ed, Federation Press, 2017 (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. Know relevant legal principles of key areas of tort law and contract law and be able to apply that knowledge to hypothetical problem situations. Students will demonstrate their knowledge of these legal principles by effectively applying them to tutorial questions and all assessment tasks in the unit.
LO2. Understand the social and economic context in which tort law and contract law operates. This involves identifying, analysing and critically evaluating relevant principles of tort law and contract law through case analysis and statutory interpretation. Students will demonstrate these critical thinking and problem-solving skills by preparing focussed responses to all assessment tasks in the unit.
LO3. Articulate relevant legal principles of key areas of tort law and contract law and effectively communicate arguments and solutions to questions and problems about tort law and contract law in a coherent, concise and logical manner using primary sources. Students will demonstrate these communication skills through their oral responses to tutorial questions in class and their written submissions of assessement tasks in the unit.

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.

No changes have been made since this unit was last offered.

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

LAWS5006: Torts and Contracts II

Semester 2, 2021 [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