CQUniversity Unit Profile
LAWS11069 Torts
Torts
All details in this unit profile for LAWS11069 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

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 - 2023

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: 40%
2. Take Home Exam
Weighting: 60%

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 unit evaluation

Feedback

Longer tutorials

Recommendation

The shift towards 2-hour workshops in all Priestley 11 from T1 2024 will address this feedback.

Feedback from Student unit evaluation

Feedback

Unit content is very heavy

Recommendation

The Unit Coordinator should review the unit content and determine whether there is scope to reduce the topics that are covered and emphasise the key legal principles during tutorials.

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

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
1 - Written Assessment - 40%
2 - Take Home Exam - 60%

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
10 - Aboriginal and Torres Strait Islander Cultures
Textbooks and Resources

Textbooks

Prescribed

Focus Torts

Edition: 9th (2021)
Authors: Martin Davies and Ian Malkin
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351460
Binding: Paperback

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: 10 Jul 2023

Module/Topic

Introduction to Torts

Chapter

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

Events and Submissions/Topic

Week 2 Begin Date: 17 Jul 2023

Module/Topic

Negligence: Overview and Duty of Care

Chapter

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

Events and Submissions/Topic

Week 3 Begin Date: 24 Jul 2023

Module/Topic

Negligence: Standard of Care

Chapter

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

Events and Submissions/Topic

Week 4 Begin Date: 31 Jul 2023

Module/Topic

Negligence: Causation

Chapter

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

Events and Submissions/Topic

Week 5 Begin Date: 07 Aug 2023

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

Events and Submissions/Topic

Mid-Term Assessment Due: Week 5 Thursday (10 Aug 2023) 7:00 pm AEST
Vacation Week Begin Date: 14 Aug 2023

Module/Topic

Vacation Week

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 21 Aug 2023

Module/Topic

Neglience: Defence

Chapter

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

Events and Submissions/Topic

Week 7 Begin Date: 28 Aug 2023

Module/Topic

Assessment of Damages for Personal Injuries

Chapter

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

Events and Submissions/Topic

Week 8 Begin Date: 04 Sep 2023

Module/Topic

Trespass to the Person

Chapter

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

Events and Submissions/Topic

Week 9 Begin Date: 11 Sep 2023

Module/Topic

Nuisance

Chapter

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

Events and Submissions/Topic

Week 10 Begin Date: 18 Sep 2023

Module/Topic

Loss Distribution Mechanisms: Vicarious Liability, etc.

Chapter

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

Events and Submissions/Topic

Week 11 Begin Date: 25 Sep 2023

Module/Topic

Defamation and Unfair Business Practices

Chapter

Martin Davies and Ian Malkin, Focus Torts (9th edition, 2021) 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: 02 Oct 2023

Module/Topic

Review Week

Chapter

Events and Submissions/Topic

Review/Exam Week Begin Date: 09 Oct 2023

Module/Topic

Review/Exam Week

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 16 Oct 2023

Module/Topic

Exam Week

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
Mid-Term Assessment

Task Description

This written assessment involves answering three questions based on hypothetical case scenarios. It will cover any of the topics in weeks 1 to 5. The questions will be released on 3 August (Thursday) at 7 pm (AEST) and answers are due in week 5 on 10 August (Thursday) at 7 pm (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. No special mid-term assessment can be arranged under any circumstance.


Assessment Due Date

Week 5 Thursday (10 Aug 2023) 7:00 pm AEST

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


Return Date to Students

Week 9 Thursday (14 Sept 2023)


Weighting
40%

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
  • 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

2 Take Home Exam

Assessment Title
Take Home Exam

Task Description

1. This unit has an invigilated take-home examination of 2.5 hours (150 minutes) duration. Students should consult the Invigilated Take-home Examination Guidelines, College of Law, Criminology and Justice, available from the Laws Moodle site. A requirement of these guidelines is that students must obtain a student card for verification purposes - see https://sportal.cqu.edu.au/__data/assets/pdf_file/0006/1113/Information-Sheet-Student-ID-Card-2017.pdf.
2. Students must also have access to a reliable and adequate internet connection, and a computer, tablet, or laptop equipped with a working webcam, working microphone, Zoom installed and access to the unit Moodle site via an Internet browser.
3. No extensions are permitted for invigilated take-home examinations.
4. Submissions after the deadline has passed will not be accepted and will receive a mark of zero.
5. Failure to attend the invigilated take-home examination will result in a mark of zero.
6. Exam conditions apply to all invigilated take-home examinations.
7. The word-count limit for this take-home exam, including footnotes, is 2000 words. There is no allowance beyond the word-count limit. Any text that exceeds the 2000-word count limit will not be marked.


Assessment Due Date

NOTE: The exam date shall be during exam week and will be announced later in the term.


Return Date to Students

NOTE: The final exam marks and final grade will be released only after the Certification of Grades.


Weighting
60%

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 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

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?