LAW 203. Torts. Contents. S2 External Macquarie Law School

Transcription

1 LAW 203 Torts S2 External 2013 Macquarie Law School Contents General Information 2 Learning Outcomes 2 Assessment Tasks 3 Delivery and Resources 7 Unit Schedule 8 Policies and Procedures 13 Disclaimer Macquarie University has taken all reasonable measures to ensure the information in this publication is accurate and up-to-date. However, the information may change or become out-dated as a result of change in University policies, procedures or rules. The University reserves the right to make changes to any information in this publication without notice. Users of this publication are advised to check the website version of this publication [or the relevant faculty or department] before acting on any information in this publication. Graduate Capabilities

2 General Information Unit convenor and teaching staff Unit Convenor Penelope Watson Contact via Credit points 3 Prerequisites LAW109 and LAW115 Corequisites Co-badged status Unit description This unit examines the law of torts and its operation in context from a practical, theoretical and normative perspective. The unit builds on and extends knowledge and skills gained in previous law units, and lays foundation for LAW555 and LAW572. Torts addresses the question of social responsibility between and amongst members of a community, including what obligations we owe to others, and how civil legal standards can and should be used to encourage appropriate behaviour. The law of negligence is the principal focus. Other topics include battery, false imprisonment, trespass to land and goods, nuisance, conversion, detinue, defences, and various categories of liability. Students in the Graduate LLB program will need to obtain waivers to enrol concurrently in LAW115 and LAW203. Learning Outcomes 1. Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each 2. Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely 3. Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and 2

3 4. Work effectively in teams and individually to analyse a hypothetical fact situation, identify 5. Explain and analyse the common law and statutory components of a negligence action including causation; demonstrate understanding of duty of care in a variety of contexts including statutory authorities; discuss and evaluate statutory changes to the common law of negligence, the assumptions underpinning those changes, and their impact 6. F. Discuss and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion; intentional torts to the person including assault, battery, false imprisonment, action on the case; appropriate defences Assessment Tasks Name Weighting Due Assessment task 1 0% (11.59pm) Assessment task 2 30% (11.59pm) Assessment task 3 50% (11.59pm) Assessment task 4 20% Whole semester/ocs Assessment task 1 Due: (11.59pm) Weighting: 0% Task 1 Weight Due date Linked unit outcomes Linked graduate capabilities Team or Ungraded 11.59pm, Fri 23 1, 2, 3, 4, 6 1, 2, 3, 5 Individual (formative) August (wk 4) hypothetical (scaffolded) PLEASE NOTE THE FOLLOWING, WHICH APPLIES TO ALL WRITTEN ASSESSMENT TASKS Macquarie Law School Assessment Policy 3

4 Word limits in Macquarie Law School assessments are strictly applied. The word limit does not include footnotes or bibliographies where they are required. Unless explicitly indicated otherwise, referencing must comply with the current version of the Australian Guide to Legal Citation [AGLC 3] In the absence of a successful application for special consideration, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. All written assessments (excluding online quizzes) will require submission through Turnitin This Assessment Task relates to the following Learning Outcomes: Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and F. Discuss and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion; intentional torts to the person including assault, battery, false imprisonment, action on the case; appropriate defences Assessment task 2 Due: (11.59pm) Weighting: 30% 4

5 Task 2 Weight Due date Linked unit outcomes Linked graduate capabilities Individual hypothetical (scaffolded) 30% pm, Fri 13 Sept (wk 7) 1, 2, 3, 4, 6 1, 2, 3, 5 This Assessment Task relates to the following Learning Outcomes: Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and F. Discuss and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion; intentional torts to the person including assault, battery, false imprisonment, action on the case; appropriate defences Assessment task 3 Due: (11.59pm) Weighting: 50% Task 3 Weight Due date Linked unit outcomes Linked graduate capabilities Individual takehome exam - hypothetical (HIRAC method) 50% 11.59pm, Sunday 1, 2, 3, 4, 5 1, 2, 3, 5 10 Nov (wk 13) 5

6 This Assessment Task relates to the following Learning Outcomes: Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Explain and analyse the common law and statutory components of a negligence action including causation; demonstrate understanding of duty of care in a variety of contexts including statutory authorities; discuss and evaluate statutory changes to the common law of negligence, the assumptions underpinning those changes, and their impact Assessment task 4 Due: Whole semester/ocs Weighting: 20% Task 4 Weight Due date Linked unit outcomes Linked graduate capabilities Class/OCS participation 20% Entire semester/ OCS 1, 2, 3, 4, 5, 6 1,2,3,5,6,8,9 This Assessment Task relates to the following Learning Outcomes: Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each 6

7 Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Explain and analyse the common law and statutory components of a negligence action including causation; demonstrate understanding of duty of care in a variety of contexts including statutory authorities; discuss and evaluate statutory changes to the common law of negligence, the assumptions underpinning those changes, and their impact F. Discuss and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion; intentional torts to the person including assault, battery, false imprisonment, action on the case; appropriate defences Delivery and Resources Delivery and timetable: Face to face lectures and tutorials. s Thursday 3-5pm; 14 tutorials Tuesday/Thursday. See timetable for details. OCS 22 & 23 Sept pm. Prescribed texts: Carolyn Sappideen, Prue Vines, Penelope Watson, Torts: Commentary and Materials (Law Book Co/Thomson Reuters, 11 th ed, 2012) AND Dominic Villa, Annotated Civil Liability Act 2002 (NSW) (Thomson Reuters, 2 nd ed, 2013) AND Civil Liability Act 2002 (NSW) download free from austlii Technology: ilecture, ilearn, grademark and turnitin Learning strategy: class discusssion and analysis, legal problem solving, active, optional teamwork, individual graded assignments 7

8 Unit Schedule Week 1 (tut wk 2) Overview of structure and key aspects of LAW 203 Torts; Introduction to torts: Definition and nature of tort; aims and functions; interests protected; bases of liability: strict/ intent/ want of due care; Tort reform Introduction to intentional torts: Trespass and actions on the case ; Intentional torts to the person: battery, assault, false imprisonment; Wilkinson v Downton READING: Casebk Ch 1, pp 3-22 (skim briefly); Ch 2 pp 25-37; Ch 3, pp NB LECTURES START IN WK 1. TUTS START IN WEEK 2. Readings and topics for week 1 are the same as for tutorial week 2 etc. Tutorials in week 13 will attempt to cover as much of the material for weeks 12 and 13 as possible. Week 2 (tut wk 3) Intentional torts to Property: trespass to land & chattels; conversion. READING: Ch 4 pp 77-90; Ch 5 pp Week 3 (tut wk 4) Defences to intentional torts (consent, self defence, provocation, contributory negligence; necessity); Strict liability: Private nuisance. READING: Casebk Ch 6 pp ; Ch 16 pp Week 4 (tut wk 5) Negligence: Approaching the Duty of Care READING: Casebook: Ch 7 pp PLEASE NOTE: There will be a guest lecture by distinguished visiting Canadian scholar Professor Ernest Weinrib, on the topic of Causal Uncertainty in Negligence Law, in the second hour of the lecture. This relates to weeks 10 & 11. The first hour of the lecture, and all tutorials for week 5, will deal with duty of care (Ch 7 pp ), as scheduled. 8

9 Week 5 (tut wk 6) Negligence: Duty of care (cont): Categories: Physical harm; psychiatric harm; READING: Casebk Ch 8 pp Week 6 (tut wk 7) Negligence: Duty of care (cont): finish psychiatric harm; pure economic loss; Special parties: begin on public authorities READING: Ch 8, pp ; Ch 9 pp Week 7 (tut wk 8) Negligence : Special parties (cont): finish public authorities; landlords; occupiers; professionals; immune defs, parents and children; READING: Ch 9 pp ; MID SEMESTER RECESS OCS 22 & 23 SEPT Week 8 (Tut wk 9) Breach of Duty: general principles; calculus of negligence READING: Ch 10 pp PENELOPE S THURSDAY TUTS WILL NOT BE HELD IN WK 8. All Tuesday tuts and Tim s Thursday tuts will be held as usual. Penelope s Thursday students please attend other tuts if possible. THE LECTURE FOR THIS WEEK WILL BE ILECTURE ONLY Week 9 (Tut wk 10) Negligence: Breach of duty (cont); Inherent and obvious risk; statutory interpretation exercise: Fallas v Mourlas (pp 429) and Laoulach v Ibrahim (pp 440); Standard of care and reasonable person READING: Casebk Ch 10 pp and

10 Week 10 (Tut wk 11) Negligence: Damage: Causation and Remoteness - Factual causation and the but for test and its limitations READING: CasebkCh 11, pp Week 11 (Tut wk 12) Negligence: Damage: Causation and Remoteness novus actus; multiple sufficient causes; exceptional cases; Scope of liability and Remoteness; nature of harm READING: Ch 11 pp Week 12 (Tut wk 13) Negligence: Concurrent liability: Vicarious liability; Non delegable duties; apportionment READING: Ch 13 pp Week 13 (Tut wk 13) Negligence: defences READING: Ch 14, pp ON CAMPUS SESSION PROGRAM Sunday 22 and Monday 23 September 2013 DAY ONE am Sign Attendance Register at COE Front Office X5B Level

11 Feedback and discussion of assignment Tasks 1 and 2; quick re-cap of trespass to person and defences; Hypothetical technique Break Negligence: Approaching the Duty of Care READING: Casebook: Ch 7 pp (wk 4) Lunch Negligence: Duty of care (cont): Categories: Physical harm; psychiatric harm; READING: Casebk Ch 8 pp (wk 5) Break Negligence: Duty of care (cont): finish psychiatric harm; pure economic loss; Special parties: public authorities READING: Ch 8, pp ; Ch 9 pp (wks 6 & 7) DAY TWO 11

12 Negligence : Special parties (cont): landlords; occupiers; professionals; immune defs, parents and children; Breach of Duty: general principles; begin on calculus of negligence READING: Ch 9 pp ; Ch 10 pp (wks 7 & 8) Break Negligence: Breach of duty (cont); Finish calculus; Inherent and obvious risk; statutory interpretation; discussion of assessment Task 3 READING: Casebk Ch 10 pp (wk 9) Lunch Negligence:Breach of duty (cont); Standard of care and reasonable person; discussion of assessment Task 3 Damage: Causation and remoteness - Factual causation and the but for test READING: Casebk Ch 10 pp 444-5; ; Ch 11, pp (wk 10) NB Damage: Causation and remoteness (Ch 11) will not be assessable for class participation marks, but you are urged to read as much as you can to get the full benefit of the tuts 12

13 Break Negligence: Causation novus actus; multiple sufficient causes; exceptional cases; Scope of liability and Remoteness; discussion of assessment Task 3 READING: Ch 11 pp (wk 11) Policies and Procedures Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching: Academic Honesty Policy Assessment Policy Grading Policy Grade Appeal Policy Grievance Management Policy Special Consideration Policy In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central. Student Support Macquarie University provides a range of Academic Student Support Services. Details of these services can be accessed at: UniWISE provides: Online resources and academic skills workshops Personal assistance with your & study related questions. The Learning Help Desk is located in the Library foyer (level 2). Online and on-campus orientation events run by Mentors@Macquarie. 13

14 Student Enquiry Service Details of these services can be accessed at Equity Support Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies. IT Help If you wish to receive IT help, we would be glad to assist you at help/. When using the university's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students and it outlines what can be done. Graduate Capabilities Commitment to Continuous Learning Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, from them, and growing - personally, professionally and socially. This graduate capability is supported by: Learning outcome Assessment task Assessment task 4 Critical, Analytical and Integrative Thinking We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy. This graduate capability is supported by: 14

15 Learning outcomes Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Explain and analyse the common law and statutory components of a negligence action including causation; demonstrate understanding of duty of care in a variety of contexts including statutory authorities; discuss and evaluate statutory changes to the common law of negligence, the assumptions underpinning those changes, and their impact F. Discuss and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion; intentional torts to the person including assault, battery, false imprisonment, action on the case; appropriate defences Assessment tasks Assessment task 1 Assessment task 2 Assessment task 3 Assessment task 4 Problem Solving and Research Capability Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations. This graduate capability is supported by: 15

16 Learning outcomes Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Explain and analyse the common law and statutory components of a negligence action including causation; demonstrate understanding of duty of care in a variety of contexts including statutory authorities; discuss and evaluate statutory changes to the common law of negligence, the assumptions underpinning those changes, and their impact F. Discuss and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion; intentional torts to the person including assault, battery, false imprisonment, action on the case; appropriate defences Assessment tasks Assessment task 1 Assessment task 2 Assessment task 3 Assessment task 4 Creative and Innovative Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking. This graduate capability is supported by: 16

17 Learning outcomes Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Effective Communication We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate. This graduate capability is supported by: Learning outcomes Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Explain and analyse the common law and statutory components of a negligence action including causation; demonstrate understanding of duty of care in a variety of contexts 17

18 including statutory authorities; discuss and evaluate statutory changes to the common law of negligence, the assumptions underpinning those changes, and their impact Assessment tasks Assessment task 1 Assessment task 2 Assessment task 3 Assessment task 4 Engaged and Ethical Local and Global citizens As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society. This graduate capability is supported by: Assessment task Assessment task 4 Socially and Environmentally Active and Responsible We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability. This graduate capability is supported by: Assessment task Assessment task 4 Capable of Professional and Personal Judgement and Initiative We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments. This graduate capability is supported by: 18

19 Learning outcomes Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Assessment tasks Assessment task 1 Assessment task 2 Assessment task 3 Assessment task 4 Discipline Specific Knowledge and Skills Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems. This graduate capability is supported by: Learning outcomes Upon satisfactory completion of this unit, students will be able to: Explain the roles and functions of the law of torts; differentiate between different types of torts and categories of liability, including strict, vicarious, concurrent and fault based liability, and the distinguishing features of each 19

20 Brief a case correctly, identifying issues and ratio and commenting on reasoning; explain the significance of a case or series of cases, relevant statutory provisions, and the interaction between the two, accurately and concisely Construct, present and evaluate oral and written arguments about tort law, drawing on relevant precedent and policy considerations; integrate and synthesise and Explain and analyse the common law and statutory components of a negligence action including causation; demonstrate understanding of duty of care in a variety of contexts including statutory authorities; discuss and evaluate statutory changes to the common law of negligence, the assumptions underpinning those changes, and their impact F. Discuss and analyse the legal components of selected property torts including nuisance, trespass to land and chattels, conversion; intentional torts to the person including assault, battery, false imprisonment, action on the case; appropriate defences Assessment tasks Assessment task 1 Assessment task 2 Assessment task 3 Assessment task