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 II
  • Unit Code

    LAW1218
  • Year

    2015
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit builds on the learning outcomes and graduate attributes achieved by the successful completion of Torts I and considers, in detail, the recovery of damages under the tort of negligence for psychiatric injury and purely economic loss,the strict liability torts of trespass to person and land, nuisance and defamation, and vicarious liability. Advocates' immunity to a negligence action will also be critically reviewed.

Prerequisite Rule

Students must pass 1 units from LAW1117

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply those requirements in answers to practical problems in examinations and in assignments, so as to demonstrate an understanding of the relevant principles of the law of torts.
  2. Critically review the capacity of the law of torts to provide redress for parties affected by tortuous conduct.
  3. Describe the requirements for actions in negligence for psychiatric injury and purely economic loss.
  4. Describe the requirements for the torts of trespass to the person, nuisance and defamation.
  5. Discuss in broader social terms the various types of actions in negligence and the other torts.

Unit Content

  1. Defamation.
  2. Negligence actions for psychiatric injury.
  3. Negligence actions for purely economic loss.
  4. Nuisance.
  5. Occupier's liability and advocates immunity.
  6. Trespass to land.
  7. Trespass to person.
  8. Vicarious liability.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two hour of lecture and one hour of tutorial. Off-campus students access the program 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%
AssignmentAssignment20%
ExaminationFinal examination70%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
AssignmentAssignment20%
ExaminationFinal examination70%

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. (2009). Torts, commentary and materials (10th ed.). Pyrmont, NSW: Thompsons.
  • Mendulson, D. (2010). The new law of torts (2nd ed.). Melbourne: Oxford University Press.
  • SIGNIFICANT STATUTES Civil Liability Act 2002 (WA) Defamation Act 2005 (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)
  • Commonwealth Review Panel. Review of the Law of Negligence: Final Report. (September 2002).

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.

LAW1218|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 II
  • Unit Code

    LAW1218
  • Year

    2015
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit builds on the learning outcomes and graduate attributes achieved by the successful completion of Torts I and considers, in detail, the recovery of damages under the tort of negligence for psychiatric injury and purely economic loss,the strict liability torts of trespass to person and land, nuisance and defamation, and vicarious liability. Advocates' immunity to a negligence action will also be critically reviewed.

Prerequisite Rule

Students must pass 1 units from LAW1117

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply those requirements in answers to practical problems in examinations and in assignments, so as to demonstrate an understanding of the relevant principles of the law of torts.
  2. Critically review the capacity of the law of torts to provide redress for parties affected by tortuous conduct.
  3. Describe the requirements for actions in negligence for psychiatric injury and purely economic loss.
  4. Describe the requirements for the torts of trespass to the person, nuisance and defamation.
  5. Discuss in broader social terms the various types of actions in negligence and the other torts.

Unit Content

  1. Defamation.
  2. Negligence actions for psychiatric injury.
  3. Negligence actions for purely economic loss.
  4. Nuisance.
  5. Occupier's liability and advocates immunity.
  6. Trespass to land.
  7. Trespass to person.
  8. Vicarious liability.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students attend a weekly two hour of lecture and one hour of tutorial. Off-campus students access the program 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%
AssignmentAssignment20%
ExaminationFinal examination70%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
AssignmentAssignment20%
ExaminationFinal examination70%

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. (2009). Torts, commentary and materials (10th ed.). Pyrmont, NSW: Thompsons.
  • Mendulson, D. (2010). The new law of torts (2nd ed.). Melbourne: Oxford University Press.
  • SIGNIFICANT STATUTES Civil Liability Act 2002 (WA) Defamation Act 2005 (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)
  • Commonwealth Review Panel. Review of the Law of Negligence: Final Report. (September 2002).

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.

LAW1218|1|2