CQUniversity Unit Profile
LAWS11064 Torts B
Torts B
All details in this unit profile for LAWS11064 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

LAWS11063 Torts B builds upon the knowledge and skills acquired by you in Torts A (LAWS11063) and covers the remainder of the topics, concepts and principles in Australian tort law. You will gain an understanding of civil wrongs as developed by the common law yet increasingly supplemented by legislation. The unit has a three-part structure. The first part examines the tort of negligence at common law and as amended by legislation Australia-wide in 2002-2003. The second part of the unit examines the tort of defamation including modifications by the Defamation Act 2005 (Qld), defences and remedies. Finally, the unit considers the protection available in tort from unfair business practices and defective goods and services, with a brief consideration of the Australian Consumer Law as a form of additional or alternative statutory protection in regards to these practices. This unit together with LAWS11063 Torts A 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: LAWS11063

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 2 - 2019

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. Presentation
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 evaluation data, informal feedback.

Feedback

Generally positive feedback from students on unit resources and materials and teaching methods.

Recommendation

Continue with current unit resources and teaching methods.

Feedback from Informal student feedback

Feedback

Two students felt disappointed that their student colleagues did not contribute to the moodle discussion forums each week. Both students suggested implementing assessment to increase student engagement on Moodle discussion forums each week.

Recommendation

Explore new methods for increasing student engagement on Moodle discussion forums such as Unit Coordinator-led questions on weekly topics.

Feedback from Student evaluation data, informal feedback.

Feedback

Generally positive feedback on assessment tasks from the student cohort. Some minor resistance to group work from students.

Recommendation

Continue with current assessment regime.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Understand concepts, principles and doctrines relevant to negligence, defamation, unfair business practices and defective goods and services in the leading cases and statute
  2. Evaluate the effectiveness and fairness of the applicable rules, as adhered to in practice, by critical application of the tort theory surveyed in LAWS11063 Torts A
  3. Research, interpret and apply legal principles to the analysis of tort disputes to identify obligations, rights and remedies
  4. Demonstrate skills in teamwork, communication, critical legal thinking, reflection and reasoning.


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
1 - Presentation - 30%
2 - Portfolio - 20%
3 - Examination - 50%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4
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 - Presentation - 30%
2 - Portfolio - 20%
3 - Examination - 50%
Textbooks and Resources

Textbooks

Prescribed

Focus Torts 8th (2018)

Authors: Martin Davies and Ian Malkin
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 978-0-40934-496-7
Binding: Paperback
Prescribed

The New Law of Torts 3rd (2014)

Authors: Danuta Mendelson
Oxford University Press
South Melbourne South Melbourne , Victoria , Australia
ISBN: 978-0-19-552506-9
Binding: Paperback

Additional Textbook Information


IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Microphone
  • Microsoft Powerpoint
  • Microsoft Word
  • Webcam
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
Schedule
Week 1 Begin Date: 15 Jul 2019

Module/Topic

Torts Refresh

Chapter

Ch 1 - Mendelson

Ch 1 - Davies and Malkin

D Ipp (Justice), 'The Politics, Purpose and Reform of the Law of Negligence (2007) 81 Australian Law Journal 609.

Events and Submissions/Topic

Make sure your webcam and microphone are working. You will need both of these to complete your Assignment. These will also help you participate effectively in the weekly Online Discussion sessions starting in week 2.

Week 2 Begin Date: 22 Jul 2019

Module/Topic

Negligence: Overview and Duty of Care

Chapter

pp 311-320; Ch 10 - Mendelson

Chs 2 and 5 - Davies and Malkin

Events and Submissions/Topic

Online Discussion

Week 3 Begin Date: 29 Jul 2019

Module/Topic

Negligence: Standard of Care and Breach of Duty

Chapter

Ch 11 - Mendelson

Ch 3 - Davies and Malkin

Events and Submissions/Topic

Online Discussion

Week 4 Begin Date: 05 Aug 2019

Module/Topic

Negligence: Causation and Remoteness of Damage

Chapter

Ch 12 - Mendelson

Ch 4 - Davies and Malkin

Events and Submissions/Topic

Online Discussion

Week 5 Begin Date: 12 Aug 2019

Module/Topic

Special Negligence Cases: Psychiatric Injury

Chapter

Ch 15 - Mendelson

Ch 9 - Davies and Malkin

'Psychiatric Harm', Sections [8.90] - [8.170] of Ch 8 - Sappideen, Vines and Watson, Torts Commentary and Materials (12th ed, 2016).

Events and Submissions/Topic

Online Discussion

Vacation Week Begin Date: 19 Aug 2019

Module/Topic


Chapter

Events and Submissions/Topic

Week 6 Begin Date: 26 Aug 2019

Module/Topic

Special Negligence Cases: Economic Loss

Chapter

Ch 16 - Mendelson

Ch 8 - Davies and Malkin

'Pure Economic Loss', Section [8.197] onwards of Ch 8 - Sappideen, Vines and Watson, Torts Commentary and Materials (12th ed, 2016).

Events and Submissions/Topic

Online Discussion

Week 7 Begin Date: 02 Sep 2019

Module/Topic

Special Negligence Cases: Omissions, Public Body Liability

Chapter

Ch 14 - Mendelson

Chs 6 and 7 - Davies and Malkin

Events and Submissions/Topic

Online Discussion


Presentation and Written Assessment Due: Week 7 Friday (6 Sept 2019) 11:55 pm AEST
Week 8 Begin Date: 09 Sep 2019

Module/Topic

Negligence: Defences and Remedies

Chapter

Ch 17 - Mendelson

Chs 10 and 11 - Davies and Malkin

Events and Submissions/Topic

Week 9 Begin Date: 16 Sep 2019

Module/Topic

Defamation

Chapter

Chs 21 and 22 - Mendelson

Ch 20 - Davies and Malkin

Events and Submissions/Topic

Online Discussion

Week 10 Begin Date: 23 Sep 2019

Module/Topic

Unfair Business Practices

Chapter

pp 214 - 222 - Mendelson

Ch 24 - Stickley, Australian Torts Law (LexisNexis Butterworths, 3rd ed, 2016) **please note you can omit the sections on the torts of conspiracy, intimidation and injurious falsehood

Fenty (Rihanna) v Arcadia Group Brands Ltd (Topshop) [2015] EWCA Civ 3

LED Technologies v Roadvision [2012] FCAFC 3 **focus only on the claim in tort, not the intellectual property claim

Events and Submissions/Topic

Online Discussion

Week 11 Begin Date: 30 Sep 2019

Module/Topic

Product Liability

Chapter

Loveday, Cook and McKie, 'Australia' in Varner and Pratt (eds) The Product Regulation and Liability Review (3rd ed, March 2016). 

Section [8.50]- [8.65] of Ch 8, Sappideen, Vines and Watson, Torts Commentary and Materials (12th ed, 2016).

Events and Submissions/Topic

Online Discussion


Learning Diary Due: Week 11 Wednesday (2 Oct 2019) 11:55 pm AEST
Week 12 Begin Date: 07 Oct 2019

Module/Topic

Unit Review

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 14 Oct 2019

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 21 Oct 2019

Module/Topic

Chapter

Events and Submissions/Topic

Term Specific Information


Assessment Tasks

1 Presentation

Assessment Title
Presentation and Written Assessment

Task Description

Opening Submissions


Students are required to present opening oral submissions based on a short written outline of argument produced in pairs.  This assignment will assess knowledge and understanding of the relevant law, communication skills and teamwork skills.

For this assignment, TWO components must be completed:

  • Part A requires coordination with your partner to write the outline of arguments and ensure content of oral submissions do not overlap.
  • Part B requires you to produce a video recording of your oral submissions to court based on the written submission.

Students have the option to choose their partner for this assignment, but failure to do so by end of Week 4 will result in the Unit Coordinator allocating partners. If you find a partner yourself, you must let the unit coordinator know by email before COB Friday of week 4.


Part A: Written Submission 

Each partnership, working together as Senior and Junior Counsel, must prepare a short written outline of arguments for the court (no longer than 2 pages). 

Part B: Recorded Oral Presentation

Part B requires Senior and Junior Counsel to each make an oral presentation of 4-6 minutes, speaking to their allocated part of the written submission (approximately one half of the written submissions). The oral submissions must be recorded, uploaded to YouTube and the link submitted for marking on the written outline. The submissions can be recorded together or separately using programs such as Zoom (highly recommended). If recording together, it is up to each pair to work out a suitable and convenient time to record. While a courtroom setting is not required, students should make the effort to present themselves professionally for the video, and to deliver their submissions effectively.  


Full details of the assignment task, rationale, due date and marking criteria will be made available on the Assignment 1 link on the unit Moodle site after the term commences. Please ensure that you read all of the information on the Assignment page and Task Sheet.


Assessment Due Date

Week 7 Friday (6 Sept 2019) 11:55 pm AEST


Return Date to Students

Week 9 Friday (20 Sept 2019)

Marked assignments will be returned via the Moodle site.


Weighting
30%

Assessment Criteria

These criteria are a general guide only as to the standard expected at the various levels. It is not necessarily the case that all criteria will be met at a particular standard, as there may be superior performance on one of the criteria and not so satisfactory performance on another. A more detailed criteria sheet for both Part A and Part B is provided in the Assignment Task Sheet.

High Distinction standard

· the assignment is very well written/spoken and clearly expressed

· there is a demonstrated appreciation and understanding of the issues involved

· the assignment is well structured and logically organised

· demonstrated mastery of referencing system

· there is evidence of a comprehensive analysis of the issues

Distinction standard

· the assignment is well written/spoken and expressed

· the assignment 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 assignment is generally well written/spoken and expressed

· the assignment 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 assignment is able to be followed and understood

· the assignment 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 assignment is sometimes significantly short of the required length

· the expression is poor and difficult to understand

· the assignment 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 instructions provided in the Assignment Task Sheet available on the unit Moodle site. Each student must submit a copy of their group's written submission which includes the Youtube link to their presentation.

Learning Outcomes Assessed
  • Understand concepts, principles and doctrines relevant to negligence, defamation, unfair business practices and defective goods and services in the leading cases and statute
  • Research, interpret and apply legal principles to the analysis of tort disputes to identify obligations, rights and remedies
  • Demonstrate skills in teamwork, communication, critical legal thinking, reflection and reasoning.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence
  • Cross Cultural 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 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 learning experience.

As a reflective exercise it should be commenced at the start of term and students are encouraged to make brief notes each week on learning methods, experiences and development of understanding/knowledge. These notes can form the submitted learning diary. The assessment task sheet will outline particular prompts and activities that must be included in the submitted diary.

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

The task is not intended to be an overly time consuming exercise if completed regularly. However, you may find it a challenging task as it encourages you to become an active learner who, rather than simply memorise or summarise material, thinks deeply about 'how', 'why' and 'what' you're learning.

The submitted learning diary should be no less than 1000 words, but for those who really embrace the task, the word count may be higher. The focus should be on providing quality reflections on your 'thinking and doing' in the unit, rather than on producing a certain quantity of words. In your diary, you are also free to incorporate diagrams or pictures to represent the key ideas along with written prose. Alternatively, you may wish to present all or some of your learning diary in video format.

Full details of the assignment task, rationale and due date will be provided on the unit Moodle site.



Assessment Due Date

Week 11 Wednesday (2 Oct 2019) 11:55 pm AEST


Return Date to Students

Review/Exam Week Wednesday (16 Oct 2019)

Marked Assignments will be returned via the Moodle site.


Weighting
20%

Assessment Criteria

Marks will be given for quality of reflections, presentation and completeness. These criteria are a general guide as to the standard expected at the various levels. Please see the assignment task sheet for more detailed marking criteria.

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 experiences and 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 of experiences and issues 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 Assessment 2 link on the unit Moodle site. No coversheet required.

Learning Outcomes Assessed
  • Evaluate the effectiveness and fairness of the applicable rules, as adhered to in practice, by critical application of the tort theory surveyed in LAWS11063 Torts A
  • Research, interpret and apply legal principles to the analysis of tort disputes to identify obligations, rights and remedies
  • Demonstrate skills in teamwork, communication, critical legal thinking, reflection and reasoning.


Graduate Attributes
  • Communication
  • Critical Thinking
  • Information Literacy
  • Information Technology 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.
No calculators permitted
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.

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?