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LAW5604 Advanced Torts B

Semester 2, 2012 External Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 30 December 2013

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. demonstrate satisfactory knowledge and skills in preparing for a client interview
  3. explain and analyse 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 liability 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.
  • 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 2008, Australian torts law, 2nd 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 at

Student workload requirements

Activity Hours
Assessments 45.00
Directed Study 50.00
Private Study 70.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ESSAY 40 40 10 Sep 2012
2-HOUR EXAMINATION 60 60 End S2 (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.

Important assessment information

  1. Attendance requirements:
    If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility 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