CQUniversity Unit Profile
LAWS11063 Torts A
Torts A
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The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
Corrections

Unit Profile Correction added on 26-03-20

The end of term examination has now been changed to an alternate form of assessment. Please see your Moodle site for details of the assessment.

General Information

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

Career Level: Undergraduate
Unit Level: Level 1
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

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 - 2020

Online

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).

Class and Assessment Overview

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

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 30%
2. Portfolio
Weighting: 20%
3. Examination
Weighting: 50%

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.

Previous Student Feedback

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 Student Evaluations, informal student feedback

Feedback

Generally positive response to assessment feedback in this unit. However there was some requests for an assignment answer guide and some feedback that students were unclear on what a HD paper required.

Recommendation

Continue with providing a detailed marking rubric and self-evaluation component to the first assessment task. Continue providing student exemplars of HD quality for each assessment piece. Consider providing an answer guide to the class on the problem assessment in addition to the individual feedback. Ensure external markers are providing sufficient and quality feedback. Continue providing students with the opportunity for additional individual feedback after assignments are returned.

Feedback from Staff reflection, student evaluation

Feedback

Generally positive response to the moodle site layout and learning resource collection. Some feedback received on the amount of learning resources provided and required reading.

Recommendation

Conduct a review of the current collection of learning resources to ensure they remain relevant. Review the filing method for zoom recording links for ease of identification. Conduct a review of lecture podcasts and powerpoint slides and make updates where relevant. Provide a short video to students on how to navigate the unit moodle site. Continue to remind students of the expected 12.5 hour per week commitment to this unit as suggested by the university. Continue to provide students with advice on how to manage workload and readings.

Feedback from Student evaluations

Feedback

Tutorial questions and answers. Mixed feedback received on the provision of tutorial answer guides after zoom sessions and lack of students attempting tutorial questions.

Recommendation

Review the current set of tutorial questions. Review the current practice of providing dot point tutorial answer guides and consider removing them altogether in this unit. Remind students of the importance of completing tutorial questions and encourage greater engagement on the moodle forums.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Evaluate the essential elements of tort obligations and their place in the broader domain of obligational law
  2. Compare the operation of Australian tort law with overseas tort law, particularly in relation to nuisance
  3. Identify and analyse legal wrongs at common law (other than negligence) as supplemented by the Civil Liability Act 2003 (Qld) and other legislation
  4. Research, interpret and apply legal principles to the analysis of tort obligations and disputes
  5. Demonstrate skills in communication, critical legal thinking, reasoning and reflection.


Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 30%
2 - Portfolio - 20%
3 - Examination - 50%
Textbooks and Resources

Textbooks

Prescribed

Focus: Torts 8th edition (2018)

Authors: Davies M and Malkin I
Lexis Nexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409344967
Binding: Paperback

Additional Textbook Information

Copies are available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Microphone and camera for use with Zoom
  • Microsoft Powerpoint
  • Microsoft Word
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Anna Farmer Unit Coordinator
a.farmer@cqu.edu.au
Susan Bird Unit Coordinator
s.p.bird@cqu.edu.au
Constance Lee Unit Coordinator
c.y.lee@cqu.edu.au
Lance Rundle Unit Coordinator
l.rundle@cqu.edu.au
Schedule
Week 1 Begin Date: 09 Mar 2020

Module/Topic

Introduction to Torts

Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 1.
    • Luntz et al, Torts Cases and Commentary (LexisNexis Butterworths, 7th ed, 2013) Ch 1 pp 13 - 28; 65 - 96. (online access via the Torts A eReading List).

    Events and Submissions/Topic

    Welcome session via Zoom

    Week 2 Begin Date: 16 Mar 2020

    Module/Topic

    Legislative Reforms and Statutory Compensation

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 2 pp 46 [2.12] - 570; Review Ch 1.
    • Luntz et al, Torts Cases and Commentary (LexisNexis Butterworths, 7th ed, 2013) Ch 1 pp 28-48. (online access via the Torts A eReading List)

    Events and Submissions/Topic

    Online Discussion via Zoom

    Week 3 Begin Date: 23 Mar 2020

    Module/Topic

    Intentional Torts to Persons

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 16.

    Events and Submissions/Topic

    Online Discussion via Zoom

    Week 4 Begin Date: 30 Mar 2020

    Module/Topic

    Intentional Torts to Personal Property

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 18.

    Events and Submissions/Topic

    Online Discussion via Zoom

    Week 5 Begin Date: 06 Apr 2020

    Module/Topic

    Trespass to Land

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 17.
    • Des Butler, 'A Tort of Invasion of Privacy in Australia?' (2005) 29 Melb Uni Law Review 339.

    Events and Submissions/Topic

    Online Discussion via Zoom

    Vacation Week Begin Date: 13 Apr 2020

    Module/Topic

    No new materials

    Chapter

    No new materials

    Events and Submissions/Topic

    Week 6 Begin Date: 20 Apr 2020

    Module/Topic

    Defences and Remedies to Intentional Torts

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 19.

    Events and Submissions/Topic

    Online Discussion via Zoom

    Week 7 Begin Date: 27 Apr 2020

    Module/Topic

    Skills focus: Reading case law

    Chapter

    See Module Guide

    Events and Submissions/Topic

    Online Discussion via Zoom


    Problem Exercise Due: Week 7 Wednesday (29 Apr 2020) 11:00 pm AEST
    Week 8 Begin Date: 04 May 2020

    Module/Topic

    Nuisance

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 15.
    • Richards & de Zwart, Tort Law Principles (Thomson Reuters, 2nd ed, 2017) Ch 16 (online access via Torts A eReading list)

    Events and Submissions/Topic

    Online Discussion via Zoom

    Week 9 Begin Date: 11 May 2020

    Module/Topic

    Vicarious Liability

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 14 (pp 743 - 768).
    • Crawford H, 'A Step in the Right Direction? Vicarious Liability for Intentional Wrongdoing of Employees in Prince Alfred College Incorporated v ADC' (2017) 24 TLJ 179.

    Events and Submissions/Topic

    Online Discussion via Zoom

    Week 10 Begin Date: 18 May 2020

    Module/Topic

    Classification of Damages, Survival Actions and Wrongful Death

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 12.

    Events and Submissions/Topic

    No Zoom Discussion this week

    Week 11 Begin Date: 25 May 2020

    Module/Topic

    Multiple Tortfeasors and Limitation of Actions

    Chapter

    • Malkin & Davies, Focus Torts (LexisNexis Butterworths, 8th ed, 2018) Ch 14 (pp 769 - 774).
    • Barker, Cane, Lunney & Trindade, The LAW of TORTS in Australia (OUP, 5th ed, 2012) Ch 19 (online access via Torts A eReading list) 

    Events and Submissions/Topic

    Online Discussion via Zoom


    Learning Diary Due: Week 11 Wednesday (27 May 2020) 11:00 pm AEST
    Week 12 Begin Date: 01 Jun 2020

    Module/Topic

    Unit Review

    Chapter

    No new material to review

    Events and Submissions/Topic


    Review/Exam Week Begin Date: 08 Jun 2020

    Module/Topic

    Chapter

    Events and Submissions/Topic

    Exam Week Begin Date: 15 Jun 2020

    Module/Topic

    Chapter

    Events and Submissions/Topic

    Assessment Tasks

    1 Written Assessment

    Assessment Title
    Problem Exercise

    Task Description

    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: 1700 words (footnotes and the self-evaluation form not included in the word count). Answers that are substantially longer than or shorter than 1700 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 link and task sheet.


    Assessment Due Date

    Week 7 Wednesday (29 Apr 2020) 11:00 pm AEST


    Return Date to Students

    Week 9 Wednesday (13 May 2020)

    Marked assignments will be returned to students on the Moodle site.


    Weighting
    30%

    Assessment Criteria

    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


    Referencing Style

    Submission
    Online

    Submission Instructions
    Online submission using the Assignment 1 link on the unit Moodle site

    Learning Outcomes Assessed
    • 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.


    Graduate Attributes
    • Communication
    • Problem Solving
    • Critical Thinking
    • Information Literacy
    • Information Technology Competence

    2 Portfolio

    Assessment Title
    Learning Diary

    Task Description

    This task requires students to produce a Learning Diary incorporating a series of short "reflection notes" produced throughout the term documenting 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 or summaries of the study materials each week.

    Students are encouraged to publish their brief notes/thoughts on the "Reflections and Check-In" forum on the Torts A Moodle site. Publishing reflection notes on the forum is not an assessable component of the task but will provide students with an opportunity to track progress over the unit and work on their communication, collaboration and self-management skills. The sharing of experiences on the forum will also allow students to compare their experiences with those of their colleagues.

    This task is not intended to be a time consuming exercise. However, students may find it a challenging task as it encourages them to become an active learner who consciously thinks and writes about 'how', 'why' and 'what' they 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 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.


    Assessment Due Date

    Week 11 Wednesday (27 May 2020) 11:00 pm AEST


    Return Date to Students

    Review/Exam Week Wednesday (10 June 2020)

    Marked assignments will be returned via the Moodle site.


    Weighting
    20%

    Assessment Criteria

    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.


    Referencing Style

    Submission
    Online

    Submission Instructions
    Online submission via Written Assignment 2 link on the course Moodle site.

    Learning Outcomes Assessed
    • 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.


    Graduate Attributes
    • Communication
    • Problem Solving
    • Critical Thinking
    • Information Literacy
    • Information Technology Competence
    • Cross Cultural Competence
    • Ethical practice

    Examination

    Outline
    Complete an invigilated examination

    Date
    During the examination period, at a CQUniversity examination centre

    Weighting
    50%

    Length
    120 minutes

    Details
    Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
    Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
    Open Book
    Academic Integrity Statement

    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.

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    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?