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

LAW5124 Advanced Torts B

Semester 2, 2021 Online
Short Description: Advanced Torts B
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090999 - Law not elsewhere classified
Grading basis : Graded

Staffing

Examiner: Katrina Pedersen

Requisites

Pre-requisite or Co-requisite: LAW5111 and LAW5112
Pre-requisite: LAW5113

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 Juris Doctor program. Together with LAW5113 Advanced Contract and Torts A, it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the torts area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Torts, specifically: negligence, including defences; a representative range of torts (other than negligence) and their defences; damages; concurrent liability; and compensation schemes.

Synopsis

This course builds upon the principles of the law of torts gained in LAW5113 Advanced Contract and Torts A. Students will study negligence and a representative range of torts, with some consideration of defences and damages, and of alternative methods of providing compensation for accidental injury. Examples include: concurrent liability, defamation, nuisance, trespass to land and compensation schemes.

Objectives

On successful completion of the course, students should be able to:

  1. Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge relevant to torts, and underlying principles and concepts; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1).
  2. Identify and articulate complex legal issues [relevant to torts]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; and engage in critical analysis and make reasoned and appropriate choices amongst alternatives (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise relevant factual, legal and policy issues [relevant to torts] (PO4/TLO4).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Explain the legislative process and identify applicable legislation and delegated legislation, general principles of statutory interpretation, understand and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [including problems raising special interpretative issues (elements of fault and intention); and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).

Topics

Description Weighting(%)
1. Negligence, including defences [Admission Rules 2(10)] 20.00
2. A representative range of torts (other than negligence) and their defences [Admission Rules 2(11)] 60.00
3. Damages [Admission Rules 2(12)] 5.00
4. Concurrent liability [Admission Rules 2(13)] 10.00
5. Compensation schemes [Admission Rules 2(14)] 5.00

Text and Materials

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=2021&sem=02&subject1=LAW5124)

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

Kyriakakis; Popa; Rochford et al (2019), Contemporary Australian Tort Law, 1st edn, Cambridge University Press, Port Melbourne, VIC.
Civil Liability Act 2003 (Qld) (Legislation).
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://prod.resource.wkasiapacific.com.ezproxy.usq.edu.au/resource/scion/toc/atlas-csh/(WKAP_TAL_301612666)3EDEC6052D5669A6:torts_and_personal_injury_law?cfu=WKAP&cpid=WKAP-TAL-IC&uAppCtx=RWI.
LexisNexis Advance Pacific [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
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment Details

Description Marks out of Wtg (%) Due Date Objectives Assessed Notes
ONLINE TEST - MULTIPLE CHOICE 20 20 16 Aug 2021 1,2
ONLINE TEST - PROBLEM SOLVING 40 40 17 Sep 2021 1,2,3,4,5
ONLINE TEST 40 40 22 Oct 2021 1,2,4,5 (see note 1)

Notes
  1. Students will need to submit completed the online test within a 48-hour window according to the opening and closing dates and times shown on the course StudyDesk. Please visit the course StudyDesk for further details including specific conditions, when and how to access the online test, and instructions on how to submit.

Important assessment information

  1. Attendance requirements:
    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:
    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.

  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:
    Deferred and Supplementary examinations will be held in accordance with the Assessment Procedure https://policy.usq.edu.au/documents/14749PL.

  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 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/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.

Date printed 8 November 2021