Units

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Sample subject outline - Semester 1 2013

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

Rationale

The law of torts is of primary importance in understanding how the Australian legal system operates to compensate the physical and/or financial harm one person suffers as a result of another's wrongdoing. All law schools and professional admission authorities share this common view of the importance of this category of civil wrongs.
In the unit Torts A the principles and rules relating to the torts of negligence and trespass were examined in the context of whether these torts achieve outcomes which are consistent with contemporary legal and social values. In Torts B a wider range of torts and related issues are examined so that you may develop the knowledge, understanding and skills necessary to maintain your abilities in this important area of legal practice.

Aims

This unit aims to build upon the knowledge, understanding and skills developed in Torts A through a more in-depth examination of a wider range of torts and related issues. It also aims to equip you with a more detailed and sophisticated knowledge and understanding of how this area of the law is likely to develop in the 21st Century. Integral to this is the development of your skills, necessary for the practice of law and your further studies of law, in legal problem solving, research and written communication and teamwork and an understanding of ethical issues related to the practice of law. In this unit you will also practise and develop the foundational legal research skills introduced in LWB146 Legal Foundations B.

Objectives

At the completion of this unit you should be able to:
1. apply the law of torts to real world problems to demonstrate your knowledge and understanding of torts law; (GC1, GC2)
2. effectively communicate the principles and rules relevant to the law of torts, including applicable principles and rules of statutory interpretation, in real world contexts; (GC1, GC3)
3. research, evaluate and interpret primary and secondary sources relevant to the law of torts, with the use of appropriate current technologies; (GC2)
4. synthesise and analyse the results of your research to apply the legal principles to construct arguments to solve legal problems in real world contexts;(GC2)
5. work collaboratively as a member of a team; and (GC5)
6. reflect on your own performance and capabilities and assume responsibility for your own learning (GC4)


Graduate Capabilities
Your understanding of the unit content and the development of skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively;

Content

The material covered in this unit includes:

• Negligence


• Duty of care in novel fact situations


• Non-delegable duties of care


• Vicarious Liability


• Breach of Statutory Duty


• Assessment of Damages in Personal Injuries Actions and Wrongful Death


• Private Nuisance

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities. Therefore the unit is taught through a combination of face-to-face lectures (to assist with your transition into tertiary studies and understanding of torts law); tutorials (to allow you to practise and develop your oral communication and legal problem solving skills); and online materials that combine prescribed readings, questions and interactive quizzes (to enable you to continue your development into an independent learner).

Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises for each week of semester.

Lectures
A two hour lecture is timetabled for weeks 1-7, and 11-13. These lectures are audio taped and made available through the unit's Blackboard site and are supported by PowerPoint presentations. In week 8 there is no lecture, and in weeks 9 and 10 students work through online materials in place of the face-to-face lectures.

Online Materials
In the weeks 9 and 10 when there are no face-to-face lectures, students are to work through the online materials that will be available on the unit's Blackboard site. Online materials are also available for learning about the skills involved in team work.

Tutorials
One hour tutorials are timetabled for weeks 1-13 of the semester. For external students, the tutorial guides will be available each week on the Blackboard site as audio files.

Your learning in tutorials will assist you to understand the law of torts by allowing you to relate your previous life experience to torts law, apply the torts law concepts that you have learned to real world scenarios, and discuss feedback and seek additional support if required. They will also provide an opportunity to explore the theories and principles you have learned in greater detail, through engaging in discussion with fellow students and your tutor. Tutorials will assist your reflection on your learning (as described in the feedback section below), and your development of basic academic skills, understanding of academic practices and expectations of study time.

Student Peer Mentors
In this unit students may choose to attend student peer mentor sessions that are timetabled for one hour each week, commencing in week 2.
External students can participate in the student peer mentor sessions through the unit's Blackboard site.

Compulsory External Attendance School
Mid-way in the semester there is a compulsory attendance school where the skills of problem solving and exam techniques will be practised.

Assessment

In this unit you will be graded on a scale of one to seven.

Overview of Assessment:

Internal Students:
Summative assessment will be based on your participation in tutorials (discussion forum), a research assignment and methodology and an end of semester open book examination.

External Students:
Summative assessment will be based on a problem solving task (External exercise), a research assignment and methodology and an end of semester open book examination.

Faculty Assessment Information:
To access the Law Faculty Assessment Information see the Blackboard site for this unit.Formative Assessment
Formative assessment is designed to provide you with feedback on your development or attainment of understanding of torts law examined in this unit and the accompanying skills taught. In this unit you will receive formative feedback through:

1. The face-to-face tutorials (internal students);
2. The external school (external students);
3. The tutorial on team work (external students will complete tasks online);
4. The online quizzes in the weeks there are no lectures;
5. The individual written feedback on your problem solving task (external students);
6. The individual written feedback on your research assignment and methodology;
7. The generic feedback on the research assignment and methodology placed on the unit's Blackboard site;
8. The generic feedback on the examination placed on the unit's Blackboard site;
9. The option of private consultation with a member of the teaching team during student consultation; and
10.Examples of completed assessment items from previous years will be available on the unit Blackboard site.


How does this link with unit learning outcomes?
All of the feedback you receive links with learning outcome 6.

Self Reflection
You should reflect upon the feedback (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:

1. gaps in your knowledge and understanding of the legal principles;
2. inadequacies in your problem solving methodology;
3. inadequacies in your legal research skills;
4. strategies to improve your problem solving, oral and written communication skills in further assessment;
5. strategies to improve your legal research skills; and
6. areas for improvement for future studies within the LLB.

You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio. This links with learning outcome 6.

Assessment name: Discussion Forum (tutorials)
Description: Internal students will be assessed on their knowledge and understanding of torts law, legal problem solving, and ability to communicate effectively and to work independently. These capabilities are demonstrated by preparing and participating in each tutorial.
Relates to objectives: 1, 2, 5 & 6.
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: Weeks 1-13

Assessment name: External Exercise
Description: External students submit a written answer (maximum 1000 words) to a specified question based on a novel duty of care in negligence.
Relates to objectives: 1, 2 & 6.
Weight: 10%
Internal or external: External
Group or individual: Individual
Due date: Week 5

Assessment name: Research Methodology
Description: The Research Methodology (maximum 2 pages) requires you to work as a member of a team to identify and effectively research the issues relevant to torts law in a real world scenario. You will be assessed on your ability to work as a member of a team and the team's Research Methodology.
Relates to objectives: 3-6
Weight: 10%
Internal or external: Both
Group or individual: Group
Due date: Week 8

Assessment name: Research Assignment
Description: A Research Assignment (maximum 2500 words), which requires you to write an advice in the appropriate legal manner based upon the research carried out for the Research Methodology.
Relates to objectives: 1-4.
Weight: 20%
Internal or external: Both
Group or individual: Individual
Due date: Week 9

Assessment name: Examination (written)
Description: The examinaitonis open book and covers all topics of the unit.
Relates to objectives: 1, 2 & 6.
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials
Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, Sydney: 3rd ed, 2013).

Recommended References
R P Balkin and J L R Davis, Law of Torts (LexisNexis Butterworths, Sydney: 4th ed, 2009).
Martin Davies and Ian Malkin, Focus - Torts (LexisNexis Butterworths, Sydney: 6th ed, 2012).
Harold Luntz et al, Torts: Cases and Commentary (LexisNexis Butterworths, Sydney: 7th ed, 2013).
Tim Paine, LexisNexis Questions and Answers - Torts (LexisNexis Butterworths, Sydney: 3rd ed, 2012).

Blackboard site
Online resources for this unit are available on the unit blackboard site.

Risk assessment statement

There are no out of the 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: 08-Jan-2013