CQUniversity Unit Profile
LAWS11069 Torts
Torts
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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.
General Information

Overview

This unit introduces you 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. You will gain an understanding of civil wrongs as developed by the common law yet increasingly supplemented by legislation. This unit will commence with an overview of tort law, its development and aims. You will also study the torts of negligence, trespass, nuisance and defamation, including available defences. Forms of concurrent liability are also considered along with remedies in tort and alternative statutory compensation schemes. Finally, the unit will consider the protection available in tort from unfair business practices. 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. This unit meets the Legal Practitioners Admissions Board 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

Co-requisite:  LAWS11057 Introduction to Law.

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 - 2021

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: 20%
2. Written Assessment
Weighting: 30%
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.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Explain the essential elements of tort obligations and the development of tort law in response to changing social, economic and political conditions
  2. Explain the principles of tort law at common law and as supplemented by the Civil Liability Act 2003 (Qld) and other legislation
  3. Apply relevant legal principles and exercise legal reasoning to determine obligations, rights and remedies in tort disputes
  4. Demonstrate written and oral communication skills in response to a legal scenario
  5. Demonstrate skills in self reflection.

This unit satisfies the Priestley 11 requirements for Torts as approved by the Legal Practitioners Admissions Board.

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 - Written Assessment - 20%
3 - Take Home Exam - 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 - Written Assessment - 20%
3 - Take Home Exam - 50%
Textbooks and Resources

Textbooks

Prescribed

Focus Torts 9th (2021)

Authors: Martin Davies and Ian Malkin
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351460
Binding: Paperback

Additional Textbook Information

If you prefer to study with a paper text, you can purchase one 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)
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
Manjo Oyson Unit Coordinator
m.oyson@cqu.edu.au
Schedule
Week 1 Begin Date: 12 Jul 2021

Module/Topic

Introduction to Torts

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 1 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 1

Events and Submissions/Topic

Week 2 Begin Date: 19 Jul 2021

Module/Topic

Negligence: Overview and Duty of Care

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Chs. 2 and 5 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Chs. 2 and 5

Events and Submissions/Topic

Week 3 Begin Date: 26 Jul 2021

Module/Topic

Negligence: Standard of Care

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 3 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 3

Events and Submissions/Topic

Week 4 Begin Date: 02 Aug 2021

Module/Topic

Negligence: Causation

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 4 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 4

Events and Submissions/Topic

Written Assessment Due: Week 4 Monday (2 Aug 2021) 11:00 am AEST
Week 5 Begin Date: 09 Aug 2021

Module/Topic

Special Negligence Cases: Duty to Act and Liability of Public Authorities

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Chs. 6 and 7 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Chs. 6 and 7

Events and Submissions/Topic

Vacation Week Begin Date: 16 Aug 2021

Module/Topic

Vacation Week

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 23 Aug 2021

Module/Topic

Neglience: Defence

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 10 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 10

Events and Submissions/Topic

Week 7 Begin Date: 30 Aug 2021

Module/Topic

Assessment of Damages for Personal Injuries

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 12 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 12

Events and Submissions/Topic

Written Assessment Due: Week 7 Monday (30 Aug 2021) 11:00 am AEST
Week 8 Begin Date: 06 Sep 2021

Module/Topic

Trespass to the Person

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 16 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 16

Events and Submissions/Topic

Week 9 Begin Date: 13 Sep 2021

Module/Topic

Nuisance

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 15 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 15

Events and Submissions/Topic

Week 10 Begin Date: 20 Sep 2021

Module/Topic

Loss Distribution Mechanisms: Vicarious Liability, etc.

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 14 OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 14

Events and Submissions/Topic

Week 11 Begin Date: 27 Sep 2021

Module/Topic

Defamation and Unfair Business Practices

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) Ch. 20 (Defamation) OR Martin Davies and Ian Malkin, Focus Torts (8th edition, 2018) Ch. 20 (Defamation) AND Amanda Stickley, Australian Torts Law (4th edition, 2016) Ch. 24 (pp. 613-631 only)

Events and Submissions/Topic

Week 12 Begin Date: 04 Oct 2021

Module/Topic

Review Week

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 11 Oct 2021

Module/Topic

Review/Exam Week

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 18 Oct 2021

Module/Topic

Exam Week

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Written Assessment

Task Description

This written assessment involves answering two questions based on hypothetical case scenarios. It will cover any of the topics up to week 3. The questions will be released on 25 July (Monday) at 11 am (AEST) and answers are due on 1 August (Monday) at 11 am (AEST). The total word count for all the answers, including footnotes, should not exceed 1000 words. There is no allowance beyond the word-count limit. Any text that exceeds the 1000-word count limit will not be marked.


Assessment Due Date

Week 4 Monday (2 Aug 2021) 11:00 am AEST


Return Date to Students

Week 6 Monday (23 Aug 2021)


Weighting
20%

Assessment Criteria

This assessment will be assessed according to the following criteria: correct and thorough identification of the legal issue(s) (10%) and rules/legal principles (30%); correct and thorough analysis and application of the rules and legal principles to the legal issue(s) and the facts (40%); well thought-out conclusion (10%); and quality of the language usage and observance of proper structure, format, and instructions (10%). A detailed marking rubric is available on the Moodle site.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Explain the essential elements of tort obligations and the development of tort law in response to changing social, economic and political conditions
  • Demonstrate skills in self reflection.


Graduate Attributes
  • Communication
  • Critical Thinking

2 Written Assessment

Assessment Title
Written Assessment

Task Description

This written assessment involves answering three questions based on hypothetical case scenarios. It will cover any of the topics in weeks 4, 5 and 6. The questions will be released on 22 August (Monday) at 11 am (AEST) and answers are due on 29 August (Monday) at 11 am (AEST). The total word count for all the answers, including footnotes, should not exceed 1500 words. There is no allowance beyond the word-count limit. Any text that exceeds the 1500-word count limit will not be marked.


Assessment Due Date

Week 7 Monday (30 Aug 2021) 11:00 am AEST


Return Date to Students

Week 9 Friday (17 Sep 2021)


Weighting
30%

Assessment Criteria

This assessment will be assessed according to the following criteria: correct and thorough identification of the legal issue(s) (10%) and rules/legal principles (30%); correct and thorough analysis and application of the rules and legal principles to the legal issue(s) and the facts (40%); well thought-out conclusion (10%); and quality of the language usage and observance of proper structure, format, and instructions (10%). A detailed marking rubric is available on the Moodle site.


Referencing Style

Submission
Online

Submission Instructions
The answers must be saved in MS Word (not as a PDF) in the following format: LastName_FirstName.docx.

Learning Outcomes Assessed
  • Explain the principles of tort law at common law and as supplemented by the Civil Liability Act 2003 (Qld) and other legislation
  • Apply relevant legal principles and exercise legal reasoning to determine obligations, rights and remedies in tort disputes
  • Demonstrate written and oral communication skills in response to a legal scenario


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

Examination

Outline
Complete an examination

Date
During the University examination period

Weighting
50%

Length
30 minutes

Details
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Open Book


Learning Outcomes Assessed
  • Explain the essential elements of tort obligations and the development of tort law in response to changing social, economic and political conditions
  • Explain the principles of tort law at common law and as supplemented by the Civil Liability Act 2003 (Qld) and other legislation
  • Apply relevant legal principles and exercise legal reasoning to determine obligations, rights and remedies in tort disputes
  • Demonstrate written and oral communication skills in response to a legal scenario


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking

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?