Overview
LAWS11063 Torts A introduces students to the law of torts in Australia as one of the main categories in the law of civil obligations. Along with contract law, this unit will provide you with a solid foundation in many of the civil law issues faced in legal practice. Tort law is constantly evolving and often raises unique and complex social and moral questions. The unit will develop your ability to think critically about the relationship of law to social, economic and political conditions. The unit commences with an overview of tort law origins, structure and theory. The unit will examine the intentional violation of the legal rights of individuals, personal and real property; nuisance; liability for animals; and vicarious liability. The unit concludes with a consideration of the role and classification of damages in tort awards including modifications to personal injury awards under the Civil Liability Act 2003 (Qld). Consideration will also be given to relevant defences and remedial relief for the torts covered, limitation periods, wrongful death and survival of actions. This unit together with LAWS11064 Torts B meets the LPAB requirements for torts.
Details
Pre-requisites or Co-requisites
Prerequisite or co-requisite: LAWS11057
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2019
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Unit evaluations
Generally positive feedback on the quality, content and structure of unit materials. Some feedback on the amount of reading in the unit.
Continue with current unit materials, with any legal updates as required. Re-emphasise to students the expected 12.5 hour per week commitment to the unit as suggested by the university.
Feedback from Unit evaluations, in class feedback from students.
Generally positive feedback on the assessment tasks. Some continued resistance to the reflection activities and invigilated exam by a very small number of students. Invigilated exams were perceived by some students as an affront to their flexible learning. Some concern expressed by students as to the different expectations on assessment expected by different units
Continue with assessment tasks as approved by the Program Committee. Continue with providing detailed task sheets and dedicated assessment zoom session setting out expectations for this particular unit. Continue providing students with evidence as to the significance of reflection to professional endeavours. Work with first year colleagues on possible workshops to help students prepare for invigilated exams.
Feedback from Unit evaluations, student comment via email.
Generally positive substantive comments from students on the quality and timeliness of feedback in this unit. Some students unfamiliar with the timeline for feedback set out in the unit profile complained that the feedback provided in this unit took two weeks.
All assessment was returned within the timelines stated in the unit profiles. Continue to meet this requirement and remind students to read the Unit Profile and Assessment Tasksheets carefully to take note of the assessment return date. Request marking assistance where necessary.
- Evaluate the essential elements of tort obligations and their place in the broader domain of obligational law
- Compare the operation of Australian tort law with overseas tort law, particularly in relation to nuisance
- Identify and analyse legal wrongs at common law (other than negligence) as supplemented by the Civil Liability Act 2003 (Qld) and other legislation
- Research, interpret and apply legal principles to the analysis of tort obligations and disputes
- Demonstrate skills in communication, critical legal thinking, reasoning and reflection.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 30% | |||||
| 2 - Portfolio - 20% | |||||
| 3 - Examination - 50% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Communication | |||||
| 2 - Problem Solving | |||||
| 3 - Critical Thinking | |||||
| 4 - Information Literacy | |||||
| 5 - Team Work | |||||
| 6 - Information Technology Competence | |||||
| 7 - Cross Cultural Competence | |||||
| 8 - Ethical practice | |||||
| 9 - Social Innovation | |||||
| 10 - First Nations Knowledges | |||||
| 11 - Aboriginal and Torres Strait Islander Cultures | |||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | |
| 1 - Written Assessment - 30% | |||||||||||
| 2 - Portfolio - 20% | |||||||||||
| 3 - Examination - 50% | |||||||||||
Textbooks
Focus: Torts
- 8th edition (2017)
- Authors: Martin Davies and Ian Malkin
- Lexis Nexis Butterworths
- Chatswood Chatswood , NSW , Australia
- ISBN: 9780409344967
- Binding: Paperback
The New Law of Torts
- 3rd edition (2014)
- Authors: Danuta Mendelson
- Oxford University Press
- South Melbourne South Melbourne , Victoria , Australia
- ISBN: 9780195525069
- Binding: Paperback
Additional Textbook Information
Both books can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Microphone and camera for use with Zoom
- Microsoft Powerpoint
- Microsoft Word
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.farmer@cqu.edu.au
Week 1
Begin Date: 11 Mar 2019Module/Topic
Introduction to Torts
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Week 2
Begin Date: 18 Mar 2019Module/Topic
Legislative Reforms and Statutory Compensation
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Week 3
Begin Date: 25 Mar 2019Module/Topic
Intentional Torts to Persons
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Week 4
Begin Date: 01 Apr 2019Module/Topic
Intentional Torts to Personal Property
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Week 5
Begin Date: 08 Apr 2019Module/Topic
Trespass to Land
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Vacation Week
Begin Date: 15 Apr 2019Module/Topic
Chapter
Events and Submissions/Topic
Week 6
Begin Date: 22 Apr 2019Module/Topic
Defences and Remedies to Intentional Torts
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Week 7
Begin Date: 29 Apr 2019Module/Topic
Skills focus: Reading case law
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Week 8
Begin Date: 06 May 2019Module/Topic
Nuisance
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Problem Exercise Due: Week 8 Tuesday (7 May 2019) 11:45 pm AEST
Week 9
Begin Date: 13 May 2019Module/Topic
Vicarious Liability
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Week 10
Begin Date: 20 May 2019Module/Topic
Classification of Damages, Survival Actions and Wrongful Death
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Week 11
Begin Date: 27 May 2019Module/Topic
Multiple Tortfeasors and Limitation of Actions
Chapter
See Weekly Module Guide
Events and Submissions/Topic
Online Discussion via Zoom
Learning Diary Due: Week 11 Wednesday (29 May 2019) 11:45 pm AEST
Week 12
Begin Date: 03 Jun 2019Module/Topic
Unit Review
Chapter
No new material to review
Events and Submissions/Topic
Review/Exam Week
Begin Date: 10 Jun 2019Module/Topic
Chapter
Events and Submissions/Topic
Exam Week
Begin Date: 17 Jun 2019Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
In response to a hypothetical legal problem, students are required to provide reasoned legal arguments and advice drawing on material covered in the first 6 weeks of the unit. Students are also required to complete and submit a self-evaluation form as the first page of their assignment.
Length: 1500 words (footnotes and the self-evaluation not included in the word count). Answers that are substantially longer than this or shorter than 1500 words are unlikely to score as highly as those that make the best use of the word length (being on target and making the best use of the word allocation is always better than being off-topic). Words in excess of 10% over the limit will not be read by the marker.
Format: The assignment must be typed and submitted in a Microsoft Word format only. PDF submissions will not be accepted. Please ensure you put your name and student number in the header or footer of the document. Do not include a title page, contents page or abstract.
Full details of the assignment task, self-evaluation form and assignment rationale will be provided on the Assignment 1 link on the Torts A Moodle site after the commencement of term. Please ensure that you read all of the information on the Assignment 1 page and task sheet.
Week 8 Tuesday (7 May 2019) 11:45 pm AEST
Week 10 Wednesday (22 May 2019)
Marked assignments will be returned to students on the Moodle site.
These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all these criteria will be met at a particular standard, as there may be a superior performance on one of the criteria and not so satisfactory performance on another. A more detailed marking rubric will be provided in the assignment task sheet.
High Distinction standard
· the answer is very well written and clearly expressed
· there is a demonstrated appreciation and understanding of the issues involved
· the answer is very well structured and logically organised
· demonstrated mastery of referencing system
· there is evidence of a comprehensive analysis of the issues
Distinction standard
· the answer is well written and expressed
· the answer is structured and logical
· the issues have been reasonably well identified and appreciated
· there is correct use of referencing
· issues have been analysed
Credit standard
· the answer is generally well written and expressed
· the answer is structured and sequential
· referencing is satisfactory
· issues are identified and addressed
· there has been an attempt to analyse some of the issues
Pass standard
· the answer is able to be followed and understood
· the answer could perhaps be better organised and structured
· the referencing may need improvement
· issues may need to be identified and addressed in more depth
· analysis when present may be incorrect
Fail standard
· the answer is sometimes significantly short of the required length
· the written expression is poor and difficult to understand
· the answer is poorly organised
· there has been a failure to address the issues in the question
· referencing is generally inadequate
- Identify and analyse legal wrongs at common law (other than negligence) as supplemented by the Civil Liability Act 2003 (Qld) and other legislation
- Research, interpret and apply legal principles to the analysis of tort obligations and disputes
- Demonstrate skills in communication, critical legal thinking, reasoning and reflection.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
2 Portfolio
This task requires students to produce a Learning Diary incorporating a series of short "reflection notes" produced throughout the term documenting and substantiating their own learning experiences in the unit. It encourages students to review and consolidate learning, to evaluate their performance, and to plan future learning based on past experience.
As a reflective exercise it should be commenced at the start of term and students should make brief notes each week on their learning experiences. The assessment task sheet will outline particular prompts that must be responded to in the submitted diary. Please take note of these prompts. The diary entries should not be simple reiterations of the study materials each week.
You are encouraged to publish your brief notes/thoughts on the "Reflections and Check-In" forum on the Torts A Moodle site. Publishing your thoughts and comments on the forum is not an assessable component of the task but will provide you with an opportunity to track your progress over the unit and work on your communication, collaboration and self-management skills. The sharing of experiences on the forum will also allow you to compare your experiences with those of your colleagues.
This task is not intended to be a time consuming exercise. However, you may find it a challenging task as it encourages you to become an active learner who consciously thinks and writes about 'how', 'why' and 'what' you are learning.
The submitted learning diary must be no less than 1000 words, but for some students who include weekly insights, the final word length may be higher. There is no upper word limit for this assessment, however the emphasis should be on quality of entries, not quantity. In your diary, you are also free to incorporate diagrams or pictures to represent your key ideas along with written prose. Alternatively, you may wish to present your learning diary (and even your weekly thoughts) in video format.
Full details of the assignment task and assignment rationale will be provided under the Assignment 2 link on the unit Moodle site at the commencement of term. Samples of reflection entries will also be provided during the term and we will discuss the task in more detail in the first few weeks of the unit.
Week 11 Wednesday (29 May 2019) 11:45 pm AEST
Review/Exam Week Wednesday (12 June 2019)
Marked assignments will be returned via the Moodle site.
Marks will be given for quality of reflections, presentation and completeness. The criteria below are a general guide as to the standard expected at the various levels. A more detailed marking rubric will be provided in the Assignment Task sheet.
High Distinction:
The learning diary
- shows deep learning on the topics and the "big picture";
- proficiently demonstrates reflection and incorporates personal touch and applications;
- considers concepts and topics from various perspectives (eg. different contexts, areas of law, disciplines etc);
- demonstrates creative solutions and critical thinking skills;
- is well-focused; with arguments or perspectives explained very well;
- demonstrates clear steps in the developmental learning process.
Distinction:
The learning diary
- shows wider learning and reflection;
- makes connections between topics, and personal context and previous experiences;
- demonstrated attempt to analyse the issues from a number of different perspectives
- is coherent and focused with arguments or perspectives clearly stated;
- demonstrates steps in the author's learning process.
Credit:
The learning diary:
- shows learning of the topics;
- makes some connections between topics, and personal context and previous experiences;
- provides some personal perspectives and reflection on these;
- some analysis present, but tends to be from a limited number of perspectives;
- is organised, but not deep enough to be very insightful about the author's learning process.
Pass:
The learning diary:
- shows some reflection;
- minimal evidence of using multiple perspectives in analysing concepts/topics or ideas;
- demonstrates consideration of events, concepts or topics but using a relatively descriptive style of language;
- shows some misunderstanding of central concepts;
- is largely a descriptive "report" with author's development gained from the learning process hardly observable.
Fail:
The learning diary:
- shows grave misunderstanding of topics;
- does not show any original thinking or perspectives and is chaotic in organisation and presentation of ideas
- entries are mere descriptions of events or theoretical knowledge rather than showing a sequence of learning steps
- little or no effort put in the work.
- Evaluate the essential elements of tort obligations and their place in the broader domain of obligational law
- Research, interpret and apply legal principles to the analysis of tort obligations and disputes
- Demonstrate skills in communication, critical legal thinking, reasoning and reflection.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
Examination
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
