Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Torts I
  • Unit Code

    LAW1117
  • Year

    2015
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit introduces the law of torts in Australia and then moves to a detailed examination of the tort of negligence in so far as it provides a remedy for personal injuries in Australia. This will include the requirements developed in case-law for making this remedy available, as well as the statutory amendments which have varied and limited the common law, with particular focus on the Civil Liability Act 2002 (WA).

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply the current law in answers to practical problems in examination conditions and in tutorials, so as to demonstrate an understanding of the relevant principles of the law of torts.
  2. Critically review the capacity of the law of negligence to provide fair compensation for injured parties.
  3. Describe the requirements for recovery of damages for personal injury in the tort of negligence.
  4. Discuss the development of those requirements and the effect on them of recent law reform.

Unit Content

  1. An introduction to the law of torts.
  2. Negligence Actions for Personal Injury: historical development; establishing a duty of care; breach of the duty of care; factual causation and scope of liability; defences to torts involving negligence; assessment of damages.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a two hour lecture and one hour tutorial. Off-campus students access the unit via Blackboard. Regular online access is required. Students' written communication, literacy and critical appraisal skills are developed through the major assignment which requires higher-order analysis and critical appraisal, and consideration of alternative conclusions.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
ExerciseBlackboard Quizz10%
AssignmentMajor assignment20%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
ExerciseBlackboard Quizz10%
AssignmentMajor assignment20%
ExaminationFinal Examination60%

Text References

  • ^ Luntz, H., Hambly, D., Burnsk, Dietrich, J., & Foster, N. (2013). Torts cases and commentary (7th ed.). Chatswood, NSW: Butterworths.
  • ^ Davies, M., & Malkin, I. (2014). Butterworths tutorial series: Torts (7th ed.). Chatswood, NSW: Butterworths.
  • Sappideen, C., Vines, P., Grant, H., & Watson, P. (2007). Torts, commentary and materials (9th ed.). Pyrmont, NSW: Thompsons.
  • Mendulson, D. (2007). The new law of torts. Melbourne: Oxford University Press.
  • SIGNIFICANT STATUTES Civil Liability Act 2002 (WA) Civil Liability Amendment Act 2003 (WA) Crown Suits Act 1947 (WA) Dog Act 1976 (WA) Fatal Accidents Act 1959 (WA) Law Reform (Contributory Negligence and Tortfeasors Contribution) Act 1947 (WA) Law Reform (Miscellaneous Provisions Act 1941 (WA) Limitation Act 2005 (WA) Motor Vehicle (Third Party Insurance) Act 1943 (WA) Occupiers Liability Act 1985 (WA) Workers Compensation and Rehabilitation Act 1981 (WA)
  • Commonwealth Review Panel. (September 2002). Review of the law of negligence: Final report.

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1117|1|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Torts I
  • Unit Code

    LAW1117
  • Year

    2015
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit introduces the law of torts in Australia and then moves to a detailed examination of the tort of negligence in so far as it provides a remedy for personal injuries in Australia. This will include the requirements developed in case-law for making this remedy available, as well as the statutory amendments which have varied and limited the common law, with particular focus on the Civil Liability Act 2002 (WA).

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply the current law in answers to practical problems in examination conditions and in tutorials, so as to demonstrate an understanding of the relevant principles of the law of torts.
  2. Critically review the capacity of the law of negligence to provide fair compensation for injured parties.
  3. Describe the requirements for recovery of damages for personal injury in the tort of negligence.
  4. Discuss the development of those requirements and the effect on them of recent law reform.

Unit Content

  1. An introduction to the law of torts.
  2. Negligence Actions for Personal Injury: historical development; establishing a duty of care; breach of the duty of care; factual causation and scope of liability; defences to torts involving negligence; assessment of damages.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a two hour lecture and one hour tutorial. Off-campus students access the unit via Blackboard. Regular online access is required. Students' written communication, literacy and critical appraisal skills are developed through the major assignment which requires higher-order analysis and critical appraisal, and consideration of alternative conclusions.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
ExerciseBlackboard Quizz10%
AssignmentMajor assignment20%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
ExerciseBlackboard Quizz10%
AssignmentMajor assignment20%
ExaminationFinal Examination60%

Text References

  • ^ Luntz, H., Hambly, D., Burnsk, Dietrich, J., & Foster, N. (2013). Torts cases and commentary (7th ed.). Chatswood, NSW: Butterworths.
  • ^ Davies, M., & Malkin, I. (2014). Butterworths tutorial series: Torts (7th ed.). Chatswood, NSW: Butterworths.
  • Sappideen, C., Vines, P., Grant, H., & Watson, P. (2007). Torts, commentary and materials (9th ed.). Pyrmont, NSW: Thompsons.
  • Mendulson, D. (2007). The new law of torts. Melbourne: Oxford University Press.
  • SIGNIFICANT STATUTES Civil Liability Act 2002 (WA) Civil Liability Amendment Act 2003 (WA) Crown Suits Act 1947 (WA) Dog Act 1976 (WA) Fatal Accidents Act 1959 (WA) Law Reform (Contributory Negligence and Tortfeasors Contribution) Act 1947 (WA) Law Reform (Miscellaneous Provisions Act 1941 (WA) Limitation Act 2005 (WA) Motor Vehicle (Third Party Insurance) Act 1943 (WA) Occupiers Liability Act 1985 (WA) Workers Compensation and Rehabilitation Act 1981 (WA)
  • Commonwealth Review Panel. (September 2002). Review of the law of negligence: Final report.

Website References

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1117|1|2