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Unit outline_

LAWS5006: Torts and Contracts II

Semester 2, 2024 [Normal evening] - Camperdown/Darlington, Sydney

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 Katherine Owens, kate.owens@sydney.edu.au
Lecturer(s) Barbara McDonald, barbara.mcdonald@sydney.edu.au
Tutor(s) Sarah Bradbury, sarah.bradbury@sydney.edu.au
The census date for this unit availability is 2 September 2024
Type Description Weight Due Length
Small test In-class assessment tasks: 80%
Invigilated in-class quiz
80% Multiple weeks Six tests/20-30 minutes each
Outcomes assessed: LO1 LO3 LO2
Participation Assigned class participation: 20%
Two panels
20% Ongoing Ongoing
Outcomes assessed: LO1 LO3 LO2
Online task Early Feedback Task (0%)
#earlyfeedbacktask
0% Week 03
Due date: 16 Aug 2024 at 23:59

Closing date: 23 Aug 2024
5x Multiple Choice Questions
Outcomes assessed: LO1

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 five [5] 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 12 August 2024 (Sydney Australia time) and must be completed by 11.59PM, Friday 16 August (Sydney Australia time). 

Assigned class participation (20%) : Students will be assigned to be 'on call' in two separate panels in Tutorials 1 through 8. Tutors will make these allocations prior to the first tutorial, 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 either be handwritten or completed online via Canvas, at the discretion of the unit coordinator. Each assessment will be completed during an allocated lecture as specified in the table below. For handwritten assessments, electronic devices will not be permitted. For online assessments, it is essential that students bring a laptop connected to the internet to complete the assessments. If you do not own a laptop, you may borrow one from the Library: Services and facilities (sydney.edu.au).

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

In-class assessments 

  1. Topics 1 and 2 (Seminar 3)

  2. Topics 3 and 4 (Seminar 5)

  3. Topics 5 and 6 (Seminar 7)

  4. Topics 7 and 8 (Seminar 9)

  5. Topic 9 (Seminar 11)

  6. Topics 10, 11 and 12 (Seminar 13)                

 

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 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:

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.

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.

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 Seminar 1: Introduction and Part 1: Torts to Property and Economic Interests. Topic 1: trespass to land; Topic 2: private nuisance, including statutory liability for damage by aircraft; Topic 3: tort liability for interference with goods. Seminar (3 hr) LO1 LO2
Week 02 Seminar 2: Problems on trespass to land, private nuisance, statutory liability for damage by aircraft, and tortious interference with goods. Seminar (3 hr) LO1 LO2
Week 03 Seminar 3: Topic 4: Tort liability for pure economic loss – Intentional torts and negligence, includes deceit, negligent misstatement, and professional negligence.Topic 5: Pure economic loss from third party property damage and personal injury Seminar (3 hr) LO1 LO2 LO3
Week 04 Seminar 4: Topic 6: Multiple wrongdoers and proportionate liability. Problem on pure economic loss: negligent misstatements and professional negligence. Seminar (3 hr) LO1 LO2
Week 05 Seminar 5: Problems on pure economic loss from third party property damage, multiple wrongdoers and proportionate liability. Seminar (3 hr) LO1 LO2
Week 06 Seminar 6: Part 2: Vitiating Factors – Topics 7: Introduction to vitiating factors and the remedy of rescission; mistake; undue influence; duress. Seminar (3 hr) LO1 LO2 LO3
Week 07 Seminar 7: Topic 8: Unconscionable conduct; unfair contract terms. Seminar (3 hr) LO1 LO2
Week 08 Seminar 8: Problems on mistake, duress, undue influence, unconscionable conduct and unfair contract terms. Seminar (3 hr) LO1 LO2
Week 09 Seminar 9: Topic 9: Misrepresentation as a vitiating factor at general law and statutory liability for misleading or deceptive conduct. Seminar (3 hr) LO1 LO2 LO3
Week 10 Seminar 10: Problems on misrepresentation and statutory liability for misleading or deceptive conduct. Seminar (3 hr) LO1 LO2
Week 11 Seminar 11: Part 3: Contractual Remedies – Damages. Topic 10: Causation and remoteness of damage in contract; Topic 11: Measure of damages in contract; Topic 12: Sums fixed by contract. Seminar (3 hr) LO1 LO2
Week 12 Seminar 12: Problems on causation and remoteness of damages in contract; measure of damages and sums fixed by contract. Seminar (3 hr) LO1 LO2
Week 13 Seminar 13: Revision Seminar (3 hr) LO1 LO2 LO3

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. 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

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)

            OR

JW Carter, Cases and Materials on Contract Law in Australia (LexisNexis, 7th ed, 2019 or 8th edition 2023)

JW Carter, Contract Law in Australia (LexisNexis, 7th ed, 2018 or 8th edition 2023)

AND

B McDonald, R Anderson & D Rolph, Cases on Torts, 7th ed, Federation Press, 2023 (a supplement to this book is available at www.federationpress.com.au).

 

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. to an advanced level, identify and describe relevant legal principles of tort and contract law in hypothetical problem situations discussed in the unit and embedded in assessment tasks.
  • LO2. critically evaluate and apply relevant principles of tort and contract law using appropriate legal authorities to respond to assessment tasks.
  • LO3. develop effective and persuasive written and oral legal arguments synthesising knowledge of torts and contract law to an advanced level when responding to class discussion and assessment tasks.

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.

This unit has been restructured since it was last offered and the assessment has been changed.

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.