School: Business and Law

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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Torts I
  • Unit Code

    LAW1117
  • Year

    2022
  • Enrolment Period

    1
  • Version

    4
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Martin Alan ALLCOCK

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).

Co-Requisite Rule

Only students studying K30,K50,K58,V72,W28,W83,Y04,Y11,Y66,Y67 X01,X03,X05 or 999 can enrol into this unit. Students studying the major: MABUUT (Law in Business) in the following courses can enrol into this unit: G95, W23,W24, W27, Y14, Y65, Y70 or Y88.

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply the law of the tort of negligence to practical problems and critically review capacity of tort law to provide fair compensation.
  2. Explain the development of those requirements and the effect on them of recent law reform.
  3. Apply statutory and common law rules in problem solving scenarios.
  4. Critically analyse cultural damages as a component of compensation in the tort of negligence.

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 including cultural damages.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU's LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

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 LMS. Regular online access is required. Students will be guided through the major components of the tort, or civil wrong, of negligence. Students will be introduced to the theory behind the law of negligence and its application, and the practical problems it faces in providing fair compensation. The unit covers the law relating to cultural damages, and students will be encouraged to consider broader cultural perspectives in this regard.

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
TestOnline Quiz10%
ExerciseLMS Quiz15%
AssignmentMajor assignment25%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
TestOnline Quiz10%
ExaminationFinal Examination 50%
ExerciseLMS Quiz15%
AssignmentMajor assignment25%

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW1117|4|1

School: Business and Law

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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Torts I
  • Unit Code

    LAW1117
  • Year

    2022
  • Enrolment Period

    2
  • Version

    4
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Martin Alan ALLCOCK

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).

Co-Requisite Rule

Only students studying K30,K50,K58,V72,W28,W83,Y04,Y11,Y66,Y67 X01,X03,X05 or 999 can enrol into this unit. Students studying the major: MABUUT (Law in Business) in the following courses can enrol into this unit: G95, W23,W24, W27, Y14, Y65, Y70 or Y88.

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply the law of the tort of negligence to practical problems and critically review capacity of tort law to provide fair compensation.
  2. Explain the development of those requirements and the effect on them of recent law reform.
  3. Apply statutory and common law rules in problem solving scenarios.
  4. Critically analyse cultural damages as a component of compensation in the tort of negligence.

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 including cultural damages.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU's LMS

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

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 LMS. Regular online access is required. Students will be guided through the major components of the tort, or civil wrong, of negligence. Students will be introduced to the theory behind the law of negligence and its application, and the practical problems it faces in providing fair compensation. The unit covers the law relating to cultural damages, and students will be encouraged to consider broader cultural perspectives in this regard.

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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
TestOnline Quiz10%
ExerciseLMS Quiz15%
AssignmentMajor assignment25%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
TestOnline Quiz10%
ExaminationFinal Examination 50%
ExerciseLMS Quiz15%
AssignmentMajor assignment25%

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW1117|4|2