LAW5603 Advanced Torts A
|Semester 1, 2012 On-campus Toowoomba|
|Faculty or Section :||Faculty of Business and Law|
|School or Department :||School of Law|
|Version produced :||18 May 2013|
Examiner: Craig Burgess
Moderator: Anton La Vin
Pre-requisite or Co-requisite: LAW5501
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/ict/students/standards/default.htm.
The law of civil wrongs, known as torts, sets the standards of behaviour between members of society. The aim of this course is to introduce students to the theoretical basis on which the law of tort in general has developed and, in particular, the tort of negligence. Students will gain an understanding of the circumstances in which an action for the tort of negligence may lie, the elements of the cause of action, the remedies available and possible defences to the action. Students will critically consider contentious current tort issues.
On successful completion of the course, students should be able to:
- understand the theoretical and historical basis on which the law of torts has developed
- identify the various categories of tort - intentional, strict and negligence
- apply general policies underlying the law of negligence in Australia in order to evaluate those laws, in particular for the topics considered in this course
- locate and analyse primary law materials and secondary materials (as relevant) while critically reviewing an issue in law relevant to the topics considered in this course
- explain the legal principles relevant to the topics considered in this course
- apply such legal principles to given fact situations in order to determine the likely outcome to issues raised
- demonstrate satisfactory communication skills
- ascertain the need for tort law reform.
|1.||Introduction to the law of torts, in particular the tort of defamation||10.00|
|3.||Negligence standard of care, duty of care and damage||30.00|
|4.||Contributory negligence, voluntary assumption of risk and joint tortfeasors||20.00|
|6.||Statutory provisions affecting actions for negligence||10.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2012&sem=01&subject1=LAW5603)
Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)
Sappideen C, Vines P, Grant, H & Watson, P 2009, Torts commentary and materials, 10th edn, Thomson, Sydney, New South Wales.
Legislation - Civil Liability Act 2003 (Qld).
Fricke, G 1958, Criterion of defamation, Australian Law Journal, vol. 32, p. 7.
Gardiner, D & McGlone, F 1998, Outline of torts, 2nd edn, Butterworths, Sydney, New South Wales.
Luntz, H & Hambly, D 2009, Torts cases and commentary, 6th edn, LexisNexis Butterworths, Chatswood, New South Wales.
McGlone, F & Stickley, A 2009, Australian torts law, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
Richards, B, Ludlow, K & Gibson, A 2008, Tort law in principle, 5th edn, Lawbook Co, Pyrmont, New South Wales.
Sappideen, C & Vines, P 2010, Fleming's the law of torts, 10th edn, Lawbook Co, Sydney, New South Wales.
CCH IntelliConnect [electronic database]: Torts & Personal Injury Law Library - accessible via USQ Library Databases.
LexisNexis AU [electronic database]: Australian Defamation Law and Practice, Torts Law Journal - accessible via USQ Library Databases.
Student workload requirements
|Lectures and Tutorials||44.00|
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|CMA TEST||20||20||26 Mar 2012|
|ESSAY||20||20||04 May 2012|
|2-HOUR EXAMINATION||60||60||End S1||(see note 1)|
- The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.
Important assessment information
It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be assessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the weighted aggregate of the marks (or grades) obtained for each of the summative assessment items in the course.
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examinations for this course will be held during the next examination period.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au/portal/custom/search/category/usq_document_policy_type/Student.1.html.
Referencing in assignments: Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/help/referencing/default.htm, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/help/referencing/default.htm.
Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/ict/students/standards/default.htm.