Units

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Sample subject outline - Semester 1 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Insurance is of vital importance to business, industry and to all individuals in the community. The insurance industry's vital role is evident from the significant place that insurance law has achieved on the legislative programs of governments in Australia and abroad. Accordingly an understanding of the law and practice of insurance law is essential for a wide variety of social, economic, commercial and personal purposes.

Aims

This unit is aimed at developing an understanding of the law and practice of insurance law in the context of social, economic, commercial and personal purposes.

Objectives

At the completion of this unit you should be able to:

1. Understand and critically examine, at an advanced level, the general principles of law applicable to contracts of insurance, irrespective of the particular type of cover involved.

2. Understand idiosyncratic rules and practices pertaining to specific types of insurance.

3. Critically analyse major reform initiatives, undertaken and proposed, in areas such as agency, involving insurance intermediaries.

4. Produce a lengthy research paper on a contemporary issue or topic in the area of insurance law.

Content

· History and nature of insurance
· Regulation of insurance, including recent reforms
· Scope of the Insurance Contracts Act 1984 (Cth)
· The concept of utmost good faith
· Formation of the insurance contract
· Interpreting insurance contracts and specific interpretation issues
· Non disclosure and misrepresentation
· Brokers and agents, third parties' rights and obligations
· Section 54 Insurance Contracts Act 1984 (Cth)

Approaches to Teaching and Learning

Internal students will be required to attend one two hour class per week for the duration of the semester. Students will be expected to participate fully in class discussion including the presentation of short discussion papers on selected topics.

For external students, lectures will be streamed.

This unit is supported by an online teaching (OLT) site.

Assessment

Class participation

Oral feedback will be offered to you by the lecturer during class discussion.
Research paper
Students will have the opportunity to consult with staff on an informal basis about this aspect of the unit throughout the semester.

Assessment name: Class Participation
Description: Following the lecturer led discussions for each teaching session there will be open discussion regarding the issues raised by the lecturer. You are expected to participate fully in class discussion. You will also be required to deliver a class paper of about 15-20 minutes duration either commenting on a particular case or introducing a selected topic for class discussion. You will be advised of your topic at the beginning of the first teaching session.
This summative assessment will be based upon the following criteria:
(a) extent of active participation in class discussion including the delivery of the case comment or introduction of selected topic;
(b) extent to which pre-class preparation is revealed through this participation;
(c) your ability to articulate complex ideas clearly and simply; and
(d) your ability to listen to the discussion and respond to questions asked in an appropriate way.
Relates to objectives: This links to objectives 1-3.
Weight: 15%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Assessment name: Research Paper
Description: The balance of 85% is awarded for a research paper on one or other of the following topics. It should be of approximately 7000 words in length.

1."Conflict of interest problems when a solicitor acts for both insurer and assured in a third party claim."

Or

2."The Duty of the Utmost Good Faith in Insurance Law."


The Research Paper is to be handed in in the final week of semester. No late papers will be accepted unless an extension of time has been given.
Relates to objectives: This links to objectives 1-4
Weight: 85%
Internal or external: Both
Group or individual: Individual
Due date: Last wk of class

Assessment name: Short Discussion Paper
Description: The 15% "short-discussion" paper will be approximately 2000 words in length on one of the discussion topics to be listed on the OLT site at the commencement of the semester. This paper is due in Week 7 of semester.
Relates to objectives: N/A
Weight: 15%
Internal or external: External
Group or individual: Individual
Due date: Wk 7

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed

Insurance Contracts Act 1984 (Cth)


Recommended references

Traves, SJ, Commercial Law, LexisNexis Butterworths, 2006 Chapter 9.

Sutton, K, Insurance Law in Australia, 3rd edn, 1999 LBC, (Note: This book is currently out of print, but two copies are held in reserve in the Law Library at QUT).

Mann, Annotated Insurance Contracts Act, 3rd edn, 2001 1997 LBC.


Common Law

McGillivray, Insurance Law, 9th edn, 1997 (U.K.)

Clarke, Insurance Law, 2nd edn, 1994 (U.K.)

Risk assessment statement

There are no out of ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 14-Nov-2011