Outline

Overview

This unit will explore a number of contentious issues arising in the law of civil obligations and remedies. It will revise and build on the fundamentals in the areas of torts, contracts and equity and place particular emphasis on the interaction of these three fields of the law. Particular topics and problems will involve issues of: causation and scope of liability; controlling liability by contract; tort duties to third parties to contracts; assessing loss; duties of good faith; fiduciary duties and conflicts.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	Available to law graduates only
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Jamie Glister, jamie.glister@sydney.edu.au

Assessment

The census date for this unit availability is 1 August 2024

Details
Criteria

Type	Description	Weight	Due	Length
Short release assignment	Short-release Optional Case Note or Comment (25%) Short-release Optional Case Note or Comment (25%)	0%	- Due date: 01 Jul 2024 at 23:59 Closing date: 05 Jul 2024	2000wd / 10 working days
Outcomes assessed:
Assignment	Proposal for Own Research Essay Topic (0%) Proposal (0%)	0%	- Due date: 02 Aug 2024 at 23:59 Closing date: 16 Aug 2024	200wd / 3 weeks
Outcomes assessed:
Assignment	Research Essay (75% or 100%) Research Essay (75% or 100%)	0%	- Due date: 06 Sep 2024 at 23:59 Closing date: 04 Oct 2024	6000wd or 8000 wd / 8 weeks
Outcomes assessed:

Assessment summary

Short-Release Optional Case Note or Comment (25%): Students may choose to complete a 2000-word case note/commentary (including footnotes and bibliography, see Word Limit Penalty, below) on a case or argument relevant to the unit.

NOTE: If students choose to complete the case note/commentary, it will represent 25% of their final mark and the weighting of the research essay (below) will decrease to 75% and the word limit will be reduced to 6000 words accordingly.

The case note/commentary will be made available via Canvas at 09:00 on 18 June 2024 (Sydney Australia Time) and is due at 23:59 on 1 July 2024 (Sydney Australia Time). Note this is before classes start on 8 July 2024. The case/argument should be placed within its broader legal context (ULO1) and describe the impact of the case/argument in practice/principle, its novelty or significance (ULO2), and its issues and/or implications (ULO3).

Research Essay (75/100%): Students must complete a 6000-word/8000-word Research Essay (including footnotes and bibliography, see Word Limit Penalty, below) on a topic chosen from a list released via Canvas at 09:00 on 15 July 2024 (Sydney Australia Time). The Research Essay is to be submitted by 23:59 on 6 September 2024 (Sydney Australia Time).

The Research Essay provides students with the opportunity to engage in research on a doctrinal, theoretical or policy-related issue that is covered in the unit (ULO1, ULO2). Students will be expected to draw on (and benefit from) the unit of study materials, but also to go beyond these materials and to conduct their research from primary sources (cases, legislation etc.) and secondary sources (textbooks, journal articles, conference papers, media sources), to thoroughly research the topic and develop a coherent framework, response or argument (ULO3, ULO4).

Students may wish to devise their own research topic but must do so in consultation with the unit coordinator and submit a Proposal for Own Research Essay Topic (0%) of no more than 200-words by 23:59 on 2 August 2024 (Sydney Australia Time).

NOTE: submission of a Proposal for Own Research Essay Topic is only necessary if a student chooses to devise their own research topic. However, any student may submit a research proposal (even if they intend to research one of the listed topics) and receive brief feedback from the unit co-ordinator.

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 prescribed word limit includes all words (including references). For the avoidance of doubt this includes all body text, titles, headings, quotations, numbering, footnote citations, footnote text, etc. All words count. A bibliography is not required, but if one is included then the words in it will count towards the word limit.

Use of editors or proofreaders: 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.

Special consideration: Successful grants of Special Consideration 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 (except where they are Optional) 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. Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.
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.

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	Public authority liability	Seminar (2 hr)
	Advanced contractual interpretation	Seminar (2 hr)
	Advanced estoppels	Seminar (2 hr)
	Commercial contract minimalism	Seminar (2 hr)
	Mutual wills	Seminar (2 hr)
	Offshore trusts	Seminar (3 hr)
	Intentional economic torts	Seminar (2 hr)
	Fiduciary obligations	Seminar (2 hr)
	Perfecting gifts in equity	Seminar (2 hr)
	Precarious vicarious liability in tort	Seminar (2 hr)
	Advanced third party liability	Seminar (3 hr)
	Explaining tort and crime	Seminar (2 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.
For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.
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 Reading Guide will be 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 to an advanced level the fundamental and advanced concepts and controversies underlying civil obligations and remedies.
LO2. Critically analyse some of the practical difficulties of applying settled and developing concepts in practice.
LO3. Critically evaluate the potential for the law to develop further on the topics studied in this unit.
LO4. Deploy relevant legal research methodologies to independently research the application of the law and communicate findings clearly and concisely.

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.

Changes to topics and assessment regime

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

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6947: Advanced Obligations and Remedies

Intensive August, 2024 [Block mode] - England

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

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect