Course Title: Apply the principles of the law of torts
Part B: Course Detail
Teaching Period: Term1 2017
Course Code: JUST5752C
Course Title: Apply the principles of the law of torts
School: 650T Vocational Business Education
Campus: City Campus
Program: C5337 - Diploma of Conveyancing
Course Contact: Robert Sheen
Course Contact Phone: +61 3 9925 5759
Course Contact Email: robert.sheen@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Paul Ryan
9925 5644
Building 80, Level 5, Room 18
445 Swanston Street Melbourne
Nominal Hours: 60
Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
Pre-requisites and Co-requisites
None
Course Description
This unit describes the skills and knowledge required to assess, analyse, and evaluate tort law matters, and apply the principles of the law of torts.
It applies to individuals who provide administrative support in a range of legal service settings.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
BSBLEG416 Apply the principles of the law of torts |
Element: |
1. Define nature and meaning of law of torts |
Performance Criteria: |
1.1 Access sources of legal information on nature and meaning of law of torts 1.2 Distinguish tort from crime, breach of contract, or other legal obligations |
Element: |
2. Identify principles of law of torts |
Performance Criteria: |
2.1 Define legal principles in application of law of torts 2.2 Determine key elements of law of torts matters |
Element: |
3. Apply relevant elements of tort |
Performance Criteria: |
3.1 Assess legal matters relevant to possible torts 3.2 Analyse and evaluate information 3.3 Extract and document information relevant to the particular matter |
Element: |
4. Identify remedies for breaches of law of torts |
Performance Criteria: |
4.1 Identify circumstances giving rise to liability in law of torts 4.2 Identify and document remedies applicable to breach 4.3 Submit findings to designated person according to organisational policies and procedures |
Learning Outcomes
Details of Learning Activities
A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.
The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.
The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.
We expect you to participate and contribute in all scheduled learning activities.
Teaching Schedule
Induction Session
Prior to training commencement a program level induction session will be conducted that comprises the following:
•Program overview and requirements
•MyRMIT/Blackboard
•Overview of assessment requirements
•Pre-Training Review including:◦Recognition of Prior Learning and Credit Transfers
◦Assessment of current skills and knowledge
•Competency/Grading Criteria
•Plagiarism
•Appeals
•Extensions
•Feedback
•Privacy
•Submission requirements
•Resubmission policy
•Where to get support
•Student responsibilities
Please note that this teaching schedule is subject to change.
Tuesday evenings at 5.30pm |
Class Topic |
Assessment |
Week 1 – 7 Feb |
Introduction + Nature, sources and purpose of tort law Classification of torts. |
Take home case study under open book test conditions to be handed out (and available on blackboard) – assessment 1. Due week 6 |
Week 2 – 14 Feb |
Torts relating to land |
|
Week 3 – 21 Feb |
Trespass to the person and to goods |
Self- directed learning re defences and remedies for intentional torts |
Week 4 – 28 Feb |
Defamation |
|
Week 5 – 7 Mar |
Duty of care and breach of the duty of care |
Written major assignment on negligence to be handed out and available on blackboard –assessment 2. |
Week 6 – 14 Mar |
Causation in negligence claims |
Take-home case study under open book test Conditions on topics in weeks 1-4 due before class (indicative grading 40%) |
Week 7 – 21 Mar |
Vicarious Liability + Defences |
|
Week 8 – 28 March |
Damages |
|
Week 9 – 4 April, |
Revision + Discussion on negligence law assessment 2 |
Written assignment with indicative grading of 60 % where students provide a detailed and researched letter of advice on negligence due week 12 – 2 May 2017 |
Note: There is a considerable amount of self-directed learning (reading and researching law) as it is impossible to cover the Law of Torts in nine classes of 2 hours each.
Full details of the teaching schedule for all third semester units may be found in the "Course and Program Guide Summary - Semester 1, 2017" (attached).
Learning Resources
Prescribed Texts
References
Other Resources
Full details of resources required for this unit may be found in the "Course and Program Guide Summary - Semester 1, 2017" referred to earlier.
Overview of Assessment
In order to achieve competency in this unit, you must provide:
Performance Evidence
Evidence of the ability to:
- locate legal information from a range of sources
- document central tenets and applications of torts law
- provide a documented explanation of burden in law of torts.
Knowledge Evidence
To complete the unit requirements safely and effectively, you must:
- define commonly used legal terminology, institutions and main features of Australian legal system
- outline methods used to identify appropriate information about sources of Australian law
- identify torts relating to:
- negligence
- negligent misrepresentation
- person, goods and land
- explain meaning of:
- occupier’s liability
- vicarious liability
- explain law of defamation.
Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the legal services administration field of work and include access to:
- office equipment and materials
- legislation and regulations relevant to tort law
- sources of information on tort law.
You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.
You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.
Assessment Tasks
Full details of the assessment(s) for this unit may be found in the "Course and Program Guide Summary - Semester 1, 2017" referred to earlier.
Assessment Matrix
Other Information
Other Information
Submission Requirements
You should:
•Ensure that you submit assessments on or before the due date.
•Always retain a copy of your assessment tasks (both hard copy and soft copy).
•Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
•Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.
Late Submission Procedures
You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.
If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension
The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w (unresolved)
The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
Resubmissions (VE Programs):
You must satisfactorily complete all assessment tasks in order to achieve competency.
If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.
If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.
If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31
Marking Guide (Competency)
You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.
Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.
On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).
Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.
Marking Guide (Grading)
This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course.
The reported Final Grade will be one of the following:
CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent (all assessment tasks submitted)
DNS Did Not Submit (one or more assessment tasks not submitted)
Further details regarding the application of the grading criteria will be provided by your teacher.
Course Overview: Access Course Overview