LLB102 Torts

Unit synopsis

Torts law is the law of civil wrongs and has developed to provide a private remedy for those who suffer loss due to the acts or omissions of others.

Faculty
Faculty of Law
School/Discipline
Law School
Study area
Law and justice
Credit points
12

Dates and locations

Teaching period Locations
Semester 2, 2018
23 July 2018 - 16 November 2018
  • Gardens Point
  • Gardens Point (External)

Fees

Commonwealth supported place (CSP) student contribution amount
2018: $1,344
Domestic fee-paying student fee
2018: $2,532
International student fee
2018: $3,480

Guide to fees

Commonwealth supported place (CSP) student contribution amount
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens who study this unit:
  • as part of a QUT course and are eligible for a Commonwealth supported place (CSP)
  • as a cross-institutional student who has a Commonwealth supported place at their home university.
Domestic fee-paying student fee
For Australian citizens, permanent visa holders and permanent humanitarian visa holders, and New Zealand citizens, who study this unit:
  • as part of a QUT course and are not eligible for a Commonwealth supported place (CSP)
  • as part of a QUT course during Summer Semester
  • as a cross-institutional student who does not have a Commonwealth supported place at their home university
  • as a single-unit study student.
International student fee
For international students who study this unit:
  • as part of a QUT course
  • as part of our study abroad or exchange programs
  • as a cross-institutional student.

Previous study requirements

Prerequisites
LLB101. LLB101 can be studied in the same teaching period as LLB102
Equivalents
LWB148

Guide to previous study requirements

Prerequisites
To enrol in this unit, you must have completed these prerequisite units (or have credit, advanced standing or exemption for them), or be able to demonstrate that you have equivalent background knowledge.
Anti-requisites
You can’t enrol in this unit if you have completed any of these anti-requisite units.
Co-requisites
To enrol in this unit, you must have already completed these co-requisite units, or you must enrol in them at the same time.
Equivalents
You can’t enrol in this unit if you have completed any of these equivalent units.
Assumed knowledge
We assume that you have a minimum level of knowledge in certain areas before you start this unit.

Unit outlines

Coordinator

Name
Ms Tracey Carver
Email
t.carver@qut.edu.au
Phone
731384341
Fax
731381775

Rationale

Torts is a first-year unit that introduces students to an area of private law that provides a remedy for loss that is suffered due to the acts or omissions of others. A knowledge of torts is required for admission as a legal practitioner in Australia as torts law, for example, negligence, dominates the litigation practice of many law firms. The unit allows students to apply the skills they are developing in LLB101 Introduction to Law in a substantive law setting, in particular the skill of legal problem solving which is developed throughout the law degree.

Aims

This unit aims to:

· demonstrate how the law of torts operates in a real world context, with a focus on the principles of torts and how it responds to changes in society
· develop the skill of legal problem solving, and
· introduce the skill of legal interviewing and questioning.

Learning outcomes

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

1. analyse and apply the principles of torts law and policy to solve defined problems (Course Learning Outcomes 1.1, 2.1, 2.2)
2. identify the link between ethical standards of legal practitioners and negligence (CLOs 1.1, 1.2)
3. communicate legal concepts and solutions to torts law problems (CLO 4.1)
4. identify diversity and racial and cultural values in the context of torts law and reflect upon its ability to adapt to the changing needs and values in society (CLO 1.3), and
5. reflect upon your own learning and skill development (CLOs 5.3, 5.4).

Content

The content of this unit includes:

· introduction to the law of torts - general principles and classification
· negligence and defences, including the duty of care owed by a legal practitioner and the ethical standards
· the concepts of vicarious liability and non-delegable duties and concurrent liability
· assessment of damages for personal injuries
· workers' compensation
· breach of statutory duty, defences and remedies
· private nuisance, defences and remedies, and
· trespass to person and land including defences and remedies.

Approaches to teaching and learning

This unit is a combination of content and skills that will develop the course learning outcomes. 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) and tutorials (to allow you to practise and develop your communication and legal problem solving skills). Lectures will also be podcast.

Student learning is supported with online materials that combine prescribed readings, questions and interactive quizzes to provide feedback on the understanding of legal principles, and the skills of legal problem-solving and client interviewing. The Torts Student Peer Mentor Program provides students with the opportunity of additional learning support around the knowledge and skills being developed in the unit.

Legal problem solving of well-defined problems will be modelled in tutorials and practised by students, through multiple vehicles.

Role play and simulation will be conducted in tutorials with the aim of developing the student's skills in problem-solving, interviewing and questioning a client, and other fundamentals of communication. The practices of self-assessment and reflection will be explained and emphasised in relation to student skill development in and beyond the unit.

External students are supported with an External Attendance School midway through the semester.

Assessment items

Name #1: Client interview and advice
DescriptionStudents will advise the partner of a hypothetical law firm on the possible actions arising out of a client's written statement and identify what further legally relevant information is required from the client so that they can give a full and proper advice in a real world context. Students will be required to write up their advice for the client's file, and to demonstrate their knowledge and understanding of the relevant areas of law, legal problem-solving, and interviewing and questioning techniques. Students' written communication and referencing will also be assessed. Later, students will reflect upon their skill development for future application.
Weighting25%
Due dateWeek 6, week 9
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 3 and 5
Name #2: Multiple choice quiz
DescriptionThe quiz will assess students' understanding of the principles of the torts considered in the unit in weeks 1 to 7 (inclusive).
Weighting20%
Due dateWeek 10
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 2 and 4
Name #3: Examination
DescriptionAn end-of-semester written examination (closed book).
Weighting55%
Due dateCentral exam period
Internal or externalBoth
Group or individualIndividual
Relates to learning outcomes1, 2 and 4

Academic integrity

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
Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, 4th ed, 2016)

Recommended
R P Balkin and J L R Davis, Law of Torts (LexisNexis Butterworths, 5th ed, 2013)
Martin Davies and Ian Malkin, Focus - Torts (LexisNexis Butterworths, 7th ed, 2015)
Harold Luntz et al, Torts: Cases and Commentary (LexisNexis Butterworths, 8th ed, 2017)
Tim Paine, LexisNexis Questions and Answers - Torts (LexisNexis Butterworths, 4th ed, 2015)

Risk assessment statement

There are no unusual risks in this unit.

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Single-unit study

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Cross-institutional study

You can apply to study this unit for credit towards a course at another university

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