Course Outline
Code: LAW202
Title: Torts B
USC Law School
Teaching Session:
Year:
Course Coordinator:
Office No:
Phone No:
Email:
1.
1.1
Semester 2
2015
Dr Jay Sanderson
JG.03D
07 5456 5260
jsander4@usc.edu.au
What is this course about?
Course description
This course continues your introduction to the law of torts with emphasis on negligence. You will begin by
examining the historical origins of negligence, the purposes of negligence and the tort reforms of the early
2000s. You will then examine the elements of the cause of action in negligence: duty of care; breach of duty;
and causation. You will also study defences, vicarious liability, the assessment of damages, and a range of
situations in which negligence is applicable including medicine/health, motor vehicle accidents, occupiers of
land, employment, local or public authorities, and ‘lawyering’.
1.2
Course content
2.
Unit value
This course is designed to develop knowledge and understanding of the following:
• the elements of the tort of negligence
• the contexts in which the tort of negligence is applicable including employment relationships, motor
vehicle accidents, and the actions of health professionals, lawyers and public authorities
• the defences to the tort of negligence and the operation of statutory limitation periods
• the assessment of damages when there is liability for negligence
• the circumstances in which the harm caused by negligent conduct, other than physical injury, is
compensable, such as damage to property, pure psychiatric harm and pure economic loss
• the operation of statutory schemes under which people can be compensated for injury or loss including
workers’ compensation and the national disability insurance scheme
• the concepts of vicarious liability and contribution between multiple wrongdoers
12 units
Page 2
Course Outline: LAW202 Torts B
3.
How does this course contribute to my learning?
Specific Learning Outcomes
On successful completion of
this course you should be able
to:
Demonstrate knowledge and
critical understanding of the
tort of negligence and the
manner in which it has been
modified by statute
Identify legal issues, apply
legal reasoning and reach
arguable conclusions in
response to a broad range of
events that reflect real life
scenarios
Demonstrate the research
skills that are needed to be an
effective lawyer
Demonstrate the skills of
organisation and time
management to complete
problems within a set time
Demonstrate the ability to
explain legal concepts and
lead a discussion of peers
Assessment Tasks
You will be assessed on the
learning outcome in task/s:
Graduate Qualities
Completing these tasks successfully will
contribute to you becoming:
1, 2 and 3
Knowledgeable.
1, 2 and 3
Creative and critical thinkers.
Empowered.
1, 2 and 3
Empowered.
1, 2 and 3
Empowered.
1
Engaged.
4.
Am I eligible to enrol in this course?
4.1
Enrolment restrictions
4.2
Pre-requisites
4.3
Co-requisites
4.4
Anti-requisites
4.5
Specific assumed prior knowledge and skills (optional)
Refer to the Coursework Programs and Awards - Academic Policy for definitions of “pre-requisites, co-requisites
and anti-requisites”
This course is available only to students enrolled in a Bachelor of Laws program.
LAW201
LAW102
Nil
Not applicable
Page 3
Course Outline: LAW202 Torts B
5.
5.1
How am I going to be assessed?
Grading scale
Standard – High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL)
5.2
Assessment tasks
Assessment Tasks
Individual
or Group
Weighting
%
1
Case note and
tutorial leadership
Individual
15%
What is the
duration /
length?
1000 words
2
Tort problemsolving assignment
Individual
35%
2000 words
3
Open book exam
Individual
50%
2 hours plus
30 minutes
preparation
time
Task
No.
100%
When
should I
submit?
As directed
by tutor
during weeks
3-10
Tuesday 6
October,
Week 10 (by
5pm)
Central
examination
period
Where should I
submit it?
SafeAssign, and in
class
SafeAssign
In exam venue
Assessment Task 1: Case Note and tutorial leadership (weeks 3-10)
Goal:
The goals of this assessment are twofold: (1) to assess your understanding of a case (in your
own words), and your ability to succinctly communicate the most important arguments, the
decision, and your opinion on why the case is important; (2) to allow you to demonstrate and
share your understanding of the case with your tutor and fellow students.
Product:
Case note and oral discussion
Format:
This is an individual case note of 1000 words. Cases will be allocated in the week 2 tutorial.
The case note will be marked out of 15%. The tutorial discussion and leadership is a
formative, hurdle task (i.e. you must complete it to be eligible for the 15%) but it is not a
summative task, and will not be graded.
Criteria
The marking criteria will focus on your understanding of the case including the case citation;
parties; facts; history of the case; date(s); judge(s); the major arguments; the decision; and
your opinion on why the case is important. Note: Your case note will be checked thoroughly
for plagiarism and instances of plagiarism will be dealt with in accordance with USC policy.
Generic skill assessed
Skill assessment level
Problem solving
Developing
Communication
Developing
Page 4
Course Outline: LAW202 Torts B
Assessment Task 2: Tort problem-solving assignment
Goal:
The goal of this assessment is to assess your understanding of some of the principles of the
law of negligence and your ability to provide sound advice to a legal problem.
Product:
Written legal advice (legal memorandum)
Format:
This is a 2000 word individual legal advice written as in a professional context
Criteria
Correct identification of legal issues; accurate research to identify the relevant law;
application of correct principles of law; sound advice; and succinctly written using language
appropriate to an in-house legal advice. Note: More detailed marking criteria will be posted
on Blackboard, and will be discussed in class
Generic skill assessed
Skill assessment level
Problem solving
Developing
Information literacy
Developing
Assessment Task 3: Open book examination
Goal:
The goal of the examination is to assess your understanding of the legal concepts that have
been introduced in this course and your ability to apply that understanding to hypothetical
fact situations. .
Product:
Answers to problems in the form of legal advice
Format:
This is an individual assessment. Students will have two hours plus 30 minutes preparation
time to complete the assessment. Students may use any materials to construct an answer to
two unseen legal problems drawn from any part of the course.
Criteria
Correct identification of legal issues derived from a factual scenario; identification and
application of correct principles of law derived from statute and/or case law.
Generic skill assessed
Skill assessment level
Problem solving
Developing
Organisation
Developing
5.3
Additional assessment requirements
Safe Assign
In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment
tasks are submitted electronically via Safe Assign. This software allows for text comparisons to be made
between your submitted assessment item and all other work that Safe Assign has access to. If required, details
of how to submit via Safe Assign will be provided on the Blackboard site of the course.
Eligibility for Supplementary Assessment
Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:
a) The final mark is in the percentage range 47% to 49.4%
b) The course is graded using the Standard Grading scale
c) You have not failed an assessment task in the course due to academic misconduct
5.4 Submission penalties
Late submission of assessment tasks will be penalised at the following maximum rate:
• 5% (of the assessment task’s identified value) per day for the first two days from the date identified as
the due date for the assessment task.
• 10% (of the assessment task’s identified value) for the third day
Page 5
Course Outline: LAW202 Torts B
•
20% (of the assessment task’s identified value) for the fourth day and subsequent days up to and
including seven days from the date identified as the due date for the assessment task.
• A result of zero is awarded for an assessment task submitted after seven days from the date identified
as the due date for the assessment task.
Weekdays and weekends are included in the calculation of days late. To request an extension you must contact
your course coordinator to negotiate an outcome.
6. How is the course offered?
6.1
Directed study hours
6.2
Teaching semester/session(s) offered
6.3
Course activities
On campus lecture: 2 hours per week
On campus tutorial: 1 hour per week
Semester 2
Teaching
Week /
Module
What key concepts/content will I
learn?
1
Overview of LAW202, and introduction
to negligence
2
Situating negligence, including an
overview of statutory compensation
schemes: workers’ compensation,
compulsory third party insurance,
national disability insurance scheme
What activities will I engage in to learn the
concepts/content?
Directed Study
Readings
Activities
Lecture
Barbara McDonald,
‘The Impact of the Civil
Liability Legislation on
Fundamental Policies
and Principles of the
Common Law of
Negligence’ (2006)
14(3) Torts Law Journal
268; Barbara
McDonald, ‘Legislative
Intervention in the Law
of Negligence: The
Common Law,
Statutory
Interpretation and Tort
Reform in Australia’
(2005) 27 Sydney L.
Rev. 443
Lecture and tutorial
Nicholas Biddle,
‘Indigenous Australians
and the National
Disability Insurance
Scheme: The extent
and nature of disability,
measurement issues
and service delivery
models’, Canberra,
Commonwealth of
Page 6
Course Outline: LAW202 Torts B
3
4
5
6
7
8
9
10
11
12
13
Duty of care (1): including a history of
the concept, consideration of
Donoghue v Stevenson, and
‘approaches’ to the duty of care
question
Duty of care (2): including examination
of duty of care issues, and ‘case’
studies
Lecture and tutorial*
Lecture and tutorial*
Breach of duty (1): focusing on
Lecture and tutorial*
measuring the defendant’s conduct
against a ‘standard of care’, including
the principles underlying they
‘reasonable person’, ‘foreseeability’,
and ‘calculus of negligence’.
Breach of duty (2): including breach of Lecture and tutorial*
duty issues, and ‘case’ studies
Causation (1): including consideration
Lecture and tutorial*
of factual causation (e.g. the ‘but for’
test, the ‘common sense’ test) and
legal causation (e.g scope,
remoteness).
Calculation of damages
Lecture and tutorial*
Independent Study Week
NA
Mid Semester Break
Defences to negligence including
Lecture and tutorial*
contributory negligence, volenti and
illegality; limitation of actions
Vicarious liability; multiple wrongdoers Lecture and tutorial
Negligence in context including
Lecture and tutorial
medicine/health, product liability,
occupiers of land and motor vehicle
accidents
Negligence in context including
Lecture and tutorial
employment, local or public
authorities, and ‘lawyering’. Exam
preparation.
Study Period
Central Examination Period
End of Semester Break
* Case note presentations and student led tutorials (weeks 3-10).
Please note that the course activities may be subject to variation.
Australia (2012), pp.
viii-xii, 18-21, 114-121.
Barker Ch 9
Hunter and New
England Local Health
District v McKenna
(2014) 314 ALR 505
Barker Ch 8
Miller v Miller (2011)
242 CLR 446
Barker Ch 10
Barker Ch 16
NA
Barker Ch 12
Barker Chs 17 and 18
Barker Ch 11.1, 13.2;
Rosenberg v Percival
(2001) 205 CLR 434
Morris v Redland City
Council and Anor
[2015] QSC 135;
D'Orta-Ekenaike v
Victoria Legal Aid
(2005) 223 CLR 1
Page 7
Course Outline: LAW202 Torts B
7. What resources do I need to undertake this course?
7.1
Prescribed text(s)
Please note that you need to have regular access to the resource(s) listed below:
Author
Year
Title
Publisher
Barker, K , Cane, P , Lunney,
M and Trindade, F
2011
The Law of Torts in Australia
7.2
Required and recommended readings
7.3
Specific requirements
7.4
Risk management
8.
How can I obtain help with my studies?
Oxford University Press
Lists of required and recommended readings may be found for this course on its Blackboard site. These
materials/readings will assist you in preparing for tutorials and assignments, and will provide further
information regarding particular aspects of your course.
Nil
There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the
Health and Safety policies and procedures applicable within campus areas.
In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning
provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop
in or book an appointment. To book: Tel: +61 7 5430 1226 or Email: StudentLifeandLearning@usc.edu.au
9. Links to relevant University policies and procedures
For more information on Academic Learning & Teaching categories including:
• Assessment: Courses and Coursework Programs
• Review of Assessment and Final Grades
• Supplementary Assessment
• Administration of Central Examinations
• Deferred Examinations
• Student Academic Misconduct
• Students with a Disability
http://www.usc.edu.au/university/governance-and-executive/policies-and-procedures#academic-learning-andteaching
10. Faculty/School specific information
General enquiries and student support
USC Law School
Tel: +61 7 5456 5591
Fax: +61 7 5456 3406
Email: law@usc.edu.au
Assignment Cover Sheets
The USC assignment cover sheet can be found on the USC Portal (Blackboard) at: USC Law School (Students) >
Forms. It must be completed in full identifying student name, assignment title, tutor and tutorial time. This
Page 8
Course Outline: LAW202 Torts B
must be attached securely to the front of each assessment item prior to submission. Claims of loss of
assignments will not be considered unless supported by a receipt.
Hard Copy Submission to USC Law School
There is a USC Law School Assignment Submission box in the foyer on the ground floor of J building, in front of
the USC Law School. Please note that the foyer is under 24-hour CCTV surveillance.
SafeAssign Submission
If your course requests SafeAssign submission, there will be an electronic assessment submission area on
Blackboard under “Assessment”. You will need to agree to the “Submission Declaration” before you are able to
see the submission area.