Course Outline. Code: LAW202 Title: Torts B

Transcription

1 USC Law School Teaching Session: Semester 2 Year: 2015 Course Coordinator: Dr Jay Sanderson Office No: JG.03D Phone No: jsander4@usc.edu.au Course Outline Code: LAW202 Title: Torts B 1. What is this course about? 1.1 Course description This course continues your introduction to the law of torts with emphasis on negligence. You will begin by examining the historical origins of negligence, the purposes of negligence and the tort reforms of the early 2000s. You will then examine the elements of the cause of action in negligence: duty of care; breach of duty; and causation. You will also study defences, vicarious liability, the assessment of damages, and a range of situations in which negligence is applicable including medicine/health, motor vehicle accidents, occupiers of land, employment, local or public authorities, and lawyering. 1.2 Course content This course is designed to develop knowledge and understanding of the following: the elements of the tort of negligence the contexts in which the tort of negligence is applicable including employment relationships, motor vehicle accidents, and the actions of health professionals, lawyers and public authorities the defences to the tort of negligence and the operation of statutory limitation periods the assessment of damages when there is liability for negligence the circumstances in which the harm caused by negligent conduct, other than physical injury, is compensable, such as damage to property, pure psychiatric harm and pure economic loss the operation of statutory schemes under which people can be compensated for injury or loss including workers compensation and the national disability insurance scheme the concepts of vicarious liability and contribution between multiple wrongdoers 2. Unit value 12 units

2 Page 2 3. How does this course contribute to my learning? Specific Learning Outcomes On successful completion of this course you should be able to: Demonstrate knowledge and critical understanding of the tort of negligence and the manner in which it has been modified by statute Identify legal issues, apply legal reasoning and reach arguable conclusions in response to a broad range of events that reflect real life scenarios Demonstrate the research skills that are needed to be an effective lawyer Demonstrate the skills of organisation and time management to complete problems within a set time Demonstrate the ability to explain legal concepts and lead a discussion of peers Assessment Tasks You will be assessed on the learning outcome in task/s: 1, 2 and 3 Knowledgeable. Graduate Qualities Completing these tasks successfully will contribute to you becoming: 1, 2 and 3 Creative and critical thinkers. Empowered. 1, 2 and 3 Empowered. 1, 2 and 3 Empowered. 1 Engaged. 4. Am I eligible to enrol in this course? Refer to the Coursework Programs and Awards - Academic Policy for definitions of pre-requisites, co-requisites and anti-requisites 4.1 Enrolment restrictions This course is available only to students enrolled in a Bachelor of Laws program. 4.2 Pre-requisites LAW Co-requisites LAW Anti-requisites Nil 4.5 Specific assumed prior knowledge and skills (optional) Not applicable

3 Page 3 5. How am I going to be assessed? 5.1 Grading scale Standard High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL) 5.2 Assessment tasks Task Assessment Tasks No. 1 Case note and tutorial leadership 2 Tort problemsolving assignment Individual or Group Weighting % What is the duration / length? When should I submit? Individual 15% 1000 words As directed by tutor during weeks 3-10 Individual 35% 2000 words Tuesday 6 October, Week 10 (by 5pm) 3 Open book exam Individual 50% 2 hours plus 30 minutes preparation time 100% Central examination period Where should I submit it? SafeAssign, and in class SafeAssign In exam venue Assessment Task 1: Case Note and tutorial leadership (weeks 3-10) Goal: Product: Format: Criteria Generic skill assessed Problem solving Communication The goals of this assessment are twofold: (1) to assess your understanding of a case (in your own words), and your ability to succinctly communicate the most important arguments, the decision, and your opinion on why the case is important; (2) to allow you to demonstrate and share your understanding of the case with your tutor and fellow students. Case note and oral discussion This is an individual case note of 1000 words. Cases will be allocated in the week 2 tutorial. The case note will be marked out of 15%. The tutorial discussion and leadership is a formative, hurdle task (i.e. you must complete it to be eligible for the 15%) but it is not a summative task, and will not be graded. The marking criteria will focus on your understanding of the case including the case citation; parties; facts; history of the case; date(s); judge(s); the major arguments; the decision; and your opinion on why the case is important. Note: Your case note will be checked thoroughly for plagiarism and instances of plagiarism will be dealt with in accordance with USC policy. Skill assessment level

4 Page 4 Assessment Task 2: Tort problem-solving assignment Goal: The goal of this assessment is to assess your understanding of some of the principles of the law of negligence and your ability to provide sound advice to a legal problem. Product: Written legal advice (legal memorandum) Format: This is a 2000 word individual legal advice written as in a professional context Criteria Correct identification of legal issues; accurate research to identify the relevant law; application of correct principles of law; sound advice; and succinctly written using language appropriate to an in-house legal advice. Note: More detailed marking criteria will be posted on Blackboard, and will be discussed in class Generic skill assessed Skill assessment level Problem solving Information literacy Assessment Task 3: Open book examination Goal: The goal of the examination is to assess your understanding of the legal concepts that have been introduced in this course and your ability to apply that understanding to hypothetical fact situations.. Product: Answers to problems in the form of legal advice Format: This is an individual assessment. Students will have two hours plus 30 minutes preparation time to complete the assessment. Students may use any materials to construct an answer to two unseen legal problems drawn from any part of the course. Criteria Correct identification of legal issues derived from a factual scenario; identification and application of correct principles of law derived from statute and/or case law. Generic skill assessed Skill assessment level Problem solving Organisation 5.3 Additional assessment requirements Safe Assign In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks are submitted electronically via Safe Assign. This software allows for text comparisons to be made between your submitted assessment item and all other work that Safe Assign has access to. If required, details of how to submit via Safe Assign will be provided on the Blackboard site of the course. Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: a) The final mark is in the percentage range 47% to 49.4% b) The course is graded using the Standard Grading scale c) You have not failed an assessment task in the course due to academic misconduct 5.4 Submission penalties Late submission of assessment tasks will be penalised at the following maximum rate: 5% (of the assessment task s identified value) per day for the first two days from the date identified as the due date for the assessment task. 10% (of the assessment task s identified value) for the third day

5 Page 5 20% (of the assessment task s identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome. 6. How is the course offered? 6.1 Directed study hours On campus lecture: 2 hours per week On campus tutorial: 1 hour per week 6.2 Teaching semester/session(s) offered Semester Course activities Teaching What key concepts/content will I Week / learn? Module 1 Overview of LAW202, and introduction to negligence 2 Situating negligence, including an overview of statutory compensation schemes: workers compensation, compulsory third party insurance, national disability insurance scheme What activities will I engage in to learn the concepts/content? Directed Study Readings Activities Lecture Barbara McDonald, The Impact of the Civil Liability Legislation on Fundamental Policies and Principles of the Common Law of Negligence (2006) 14(3) Torts Law Journal 268; Barbara McDonald, Legislative Intervention in the Law of Negligence: The Common Law, Statutory Interpretation and Tort Reform in Australia (2005) 27 Sydney L. Rev. 443 Lecture and tutorial Nicholas Biddle, Indigenous Australians and the National Disability Insurance Scheme: The extent and nature of disability, measurement issues and service delivery models, Canberra, Commonwealth of

6 Page 6 3 Duty of care (1): including a history of the concept, consideration of Donoghue v Stevenson, and approaches to the duty of care question 4 Duty of care (2): including examination of duty of care issues, and case studies 5 Breach of duty (1): focusing on measuring the defendant s conduct against a standard of care, including the principles underlying they reasonable person, foreseeability, and calculus of negligence. 6 Breach of duty (2): including breach of duty issues, and case studies 7 Causation (1): including consideration of factual causation (e.g. the but for test, the common sense test) and legal causation (e.g scope, remoteness). * Case note presentations and student led tutorials (weeks 3-10). Please note that the course activities may be subject to variation. Australia (2012), pp. viii-xii, 18-21, Lecture and tutorial* Barker Ch 9 Lecture and tutorial* Hunter and New England Local Health District v McKenna (2014) 314 ALR 505 Lecture and tutorial* Barker Ch 8 Lecture and tutorial* Miller v Miller (2011) 242 CLR 446 Lecture and tutorial* Barker Ch 10 8 Calculation of damages Lecture and tutorial* Barker Ch 16 9 Independent Study Week NA NA Mid Semester Break 10 Defences to negligence including Lecture and tutorial* Barker Ch 12 contributory negligence, volenti and illegality; limitation of actions 11 Vicarious liability; multiple wrongdoers Lecture and tutorial Barker Chs 17 and Negligence in context including medicine/health, product liability, occupiers of land and motor vehicle accidents 13 Negligence in context including employment, local or public authorities, and lawyering. Exam preparation. Lecture and tutorial Barker Ch 11.1, 13.2; Rosenberg v Percival (2001) 205 CLR 434 Lecture and tutorial Study Period Central Examination Period End of Semester Break Morris v Redland City Council and Anor [2015] QSC 135; D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1

7 Page 7 7. What resources do I need to undertake this course? 7.1 Prescribed text(s) Please note that you need to have regular access to the resource(s) listed below: Author Year Title Publisher Barker, K, Cane, P, Lunney, M and Trindade, F 2011 The Law of Torts in Australia Oxford University Press 7.2 Required and recommended readings Lists of required and recommended readings may be found for this course on its Blackboard site. These materials/readings will assist you in preparing for tutorials and assignments, and will provide further information regarding particular aspects of your course. 7.3 Specific requirements Nil 7.4 Risk management There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the Health and Safety policies and procedures applicable within campus areas. 8. How can I obtain help with my studies? In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: or StudentLifeandLearning@usc.edu.au 9. Links to relevant University policies and procedures For more information on Academic Learning & Teaching categories including: Assessment: Courses and Coursework Programs Review of Assessment and Final Grades Supplementary Assessment Administration of Central Examinations Deferred Examinations Student Academic Misconduct Students with a Disability Faculty/School specific information General enquiries and student support USC Law School Tel: Fax: law@usc.edu.au Assignment Cover Sheets The USC assignment cover sheet can be found on the USC Portal (Blackboard) at: USC Law School (Students) > Forms. It must be completed in full identifying student name, assignment title, tutor and tutorial time. This

8 Page 8 must be attached securely to the front of each assessment item prior to submission. Claims of loss of assignments will not be considered unless supported by a receipt. Hard Copy Submission to USC Law School There is a USC Law School Assignment Submission box in the foyer on the ground floor of J building, in front of the USC Law School. Please note that the foyer is under 24-hour CCTV surveillance. SafeAssign Submission If your course requests SafeAssign submission, there will be an electronic assessment submission area on Blackboard under Assessment. You will need to agree to the Submission Declaration before you are able to see the submission area.