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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW1124 Civil Obligations C (Torts)

Semester 2, 2019 On-campus Toowoomba
Short Description: Civil Obligations C
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090900 - Law
Grading basis : Graded

Staffing

Examiner: Bob Zhao

Requisites

Pre-requisite: LAW1113 or (LAW2201 and LAW2203)

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 http://www.usq.edu.au/current-students/support/computing/hardware.

Rationale

This is a core course in the Bachelor of Laws and is mandated by the Legal Practitioners Admissions Board, Queensland, being a prescribed area of legal knowledge for legal practice.

Synopsis

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 Civil Obligations A (Contract and Torts). 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.

Objectives

On successful completion of the course, students should 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.

Topics

Description Weighting(%)
1. Negligence 20.00
2. Trespass 30.00
3. Economic torts 15.00
4. Vicarious liability 10.00
5. Nuisance 10.00
6. Defamation 10.00
7. Survival of actions and dependant’s claims. 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). (https://omnia.usq.edu.au/textbooks/?year=2019&sem=02&subject1=LAW1124)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Civil Liability Act 2003 (Qld) (Legislation)
Sappideen C, Vines, P & Watson, P 2016, Torts: commentary and materials, 12th edn, Thomson Reuters, Pyrmont, New South Wales.
Defamation Act 2005 (Qld) (Legislation).

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 2011, Fleming’s the law of torts, 10th edn, Lawbook Co, Pyrmont, New South Wales.
Luntz, H, Hambly, D, Burns, K, Dietrich, J & Foster, N 2017, Torts cases and commentary, 8th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Stickley, A 2016, Australian torts law, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
CCH IntelliConnect [electronic database]: Torts & Personal Injury Law Library - accessible via USQ Library Database Services available at http://ezproxy.usq.edu.au/login?url=http://intelliconnect.wkasiapacific.com/scion/auth.jsp?wksso=false.
LexisNexis AU [electronic database]: Australian Defamation Law and Practice, Torts Law Journal - accessible via USQ Library Database Services at http://advance.lexis.com/pacific?federationidp=JMNCG437783.

Student workload expectations

Activity Hours
Directed Study 50.00
Independent Study 115.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE TEST 20 20 19 Aug 2019
ASSIGNMENT 20 20 16 Sep 2019
EXAMINATION 60 60 End S2 (see note 1)

Notes
  1. This will be an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    Online: 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.

    On-campus: 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:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  5. 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.

  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 http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of a Bachelor of Laws must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws 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/referencing, 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/referencing.