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LAW5604 Advanced Torts B

Semester 2, 2011 On-campus Springfield
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law

Contents on this page


Examiner: Craig Burgess
Moderator: Anton La Vin


Pre-requisite: LAW5603

Other requisites

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 <//>.


This course broadens the students' knowledge of the extent of the civil obligations imposed by the law of torts. It will build upon the understanding of the principles of the law of torts gained in Torts A. Students will gain an understanding of a variety of negligence torts, the possible defences to them and the principle of vicarious liability. The course will also examine a number of other representative torts including nuisance and nervous shock.


On completion of this course students will be able to:

  1. apply general policies underlying the law of torts in Australia in order to evaluate those laws, in particular for the topics considered in this course
  2. 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
  3. explain the legal principles relevant to the topics considered in this course
  4. apply such legal principles to given fact situations in order to determine the likely outcome to issues raised
  5. demonstrate satisfactory communication skills
  6. ascertain the need for tort law reform.


Description Weighting(%)
1. Negligence 20.00
2. Negligence liability 30.00
3. Nervous shock 10.00
4. Economic torts 10.00
5. Professional negligence/products liablility 15.00
6. Nuisance 10.00
7. Vicarious liability 5.00

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). (

Please contact us for alternative purchase options from USQ Bookshop. (

  • Sappideen, C, Vines, P, Grant, H & Watson, P 2010, Torts commentary and materials, 10th edn, Lawbook Co, Sydney, New South Wales.
  • LAW2204 course content CD available for purchase from the USQ Bookshop. Note that course content is also available on-line via the USQ Study Desk.
  • LEGISLATION Civil Liability Act 2003 (Qld).

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Fleming, JG 2010, Fleming?s the law of torts, 10th edn, Thomson Reuters, Rozelle, New South Wales.
  • Luntz, H, Hambly, D, Burns, K, Dietrich, J & Foster, N 2008, Torts: cases and commentary, 6th edn, LexisNexis Butterworths, Sydney, New South Wales.
  • McGlone, F & Stickley, A 2004, Australian torts law, 3rd edn, LexisNexis, Sydney, New South Wales.
  • CCH IntelliConnect [electronic database]: Torts & Personal Injury Law Library - accessible via USQ Library Database Services available at <>.
  • LexisNexis AU [electronic database]: Australian Defamation Law and Practice, Torts Law Journal - accessible via USQ Library Database Services <>.

Student workload requirements

Activity Hours
Assessments 40.00
Directed Study 50.00
Lectures and Tutorials 39.00
Private Study 36.00

Assessment details

Description Marks out of Wtg (%) Due Date Objectives assessed Graduate skill Level assessed Notes
ASSIGNMENT 40 40 12 Sep 2011 All U1,U2,U3,U4,U5,U8,U9 2,2,2,2,2,2,2
2-HOUR EXAMINATION 60 60 End S2 All U1,U2,U3,U4,U5,U8,U9 2,2,2,2,2,2,2 (see note 1)

  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.

Graduate qualities and skills

Elements of the following USQ Graduate Skills are associated with the sucessful completion of this course.
Ethical research and enquiry (U1)Intermediate (Level 2)
Problem solving (U2)Intermediate (Level 2)
Academic, professional and digital literacy (U3)Intermediate (Level 2)
Written and oral communication (U4)Intermediate (Level 2)
Interpersonal skills (U5)Intermediate (Level 2)
Management, planning and organisational skills (U8)Intermediate (Level 2)
Creativity, initiative and enterprise (U9)Intermediate (Level 2)

Important assessment information

  1. Attendance requirements:
    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 accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. 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.)

  3. 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.

  4. 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.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. 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.

  8. 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

Assessment notes

  1. 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 <//>, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at <//>.

Other requirements

  1. 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 <//>.