| Semester 2, 2020 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 3 |
| ASCED code : | 090900 - Law |
| Grading basis : | Graded |
Staffing
Examiner:
Requisites
Pre-requisite: LAW5113 or (LAW5601 and LAW5603)
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 .
Rationale
This is a core course in the Juris Doctor 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 Advanced 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:
- 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;
- demonstrate satisfactory knowledge and skills in preparing for a client interview;
- explain and analyse the legal principles relevant to the topics considered in this course;
- apply such legal principles to given fact situations in order to determine the likely outcome to issues raised;
- 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鈥檚 claims | 5.00 |
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=02&subject1=LAW5124)
Please 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 精东传媒app 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鈥檚 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 .
LexisNexis AU [electronic database]: Australian Defamation Law and Practice, Torts Law Journal - accessible via USQ Library Database Services at .
Student workload expectations
| Activity | Hours |
|---|---|
| Directed 精东传媒app | 50.00 |
| Independent 精东传媒app | 115.00 |
Assessment details
| Description | Marks out of | Wtg (%) | Due Date | Notes |
|---|---|---|---|---|
| ONLINE TEST | 20 | 20 | 24 Aug 2020 | |
| ASSIGNMENT | 20 | 20 | 21 Sep 2020 | |
| ONLINE EXAM | 60 | 60 | End S2 | (see note 1) |
Notes
- This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via 精东传媒appDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.
Important assessment information
-
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. -
Requirements for students to complete each assessment item satisfactorily:
Due to COVID-19 the requirements for S2 2020 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.
Requirements after S2, 2020:
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.) -
Penalties for late submission of required work:
Students should refer to the Assessment Procedure (point 4.2.4) -
Requirements for student to be awarded a passing grade in the course:
Due to COVID-19 the requirements for S2 2020 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Requirements after S2, 2020:
To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course. -
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. -
Examination information:
Due to COVID-19 the requirements for S2 2020 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.
Requirements after S2, 2020:
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination. -
Examination period when Deferred/Supplementary examinations will be held:
Due to COVID-19 the requirements for S2 2020 are: The details regarding deferred/supplementary examinations will be communicated at a later date.
Requirements after S2, 2020:
Any Deferred or Supplementary examinations for this course will be held during the next examination period. -
精东传媒app Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene 精东传媒app policies and practices. These policies can be found at .
Assessment notes
-
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 or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .