Course Title: Analyse and apply law of torts
Part B: Course Detail
Teaching Period: Term2 2016
Course Code: LAW5717
Course Title: Analyse and apply law of torts
School: 650T Vocational Business Education
Campus: City Campus
Program: C6141 - Advanced Diploma of Legal Practice
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 5466
80.05.018
Nominal Hours: 50
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 apply the Law of Torts in order to support the work of a legal office, practice or associated context. This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title: |
VU21634 Analyse and apply law of torts |
Element: |
1.Identify the key features of law of torts |
Performance Criteria: |
1.1 Research and define the historical origin, nature and meaning of the term tort |
Element: |
2.Identify and apply the rules of negligence |
Performance Criteria: |
2.1 Define the term negligence and analyse its concepts |
Element: |
3.Analyse issues relating to particular categories of negligence |
Performance Criteria: |
3.1 Specify and evaluate the principles of occupier’s liability, with reference to the provisions of the occupier’s liability provisions of the Wrongs Act 1958 (Vic) |
Element: |
4.Analyse principles of strict liability |
Performance Criteria: |
4.1 Research and determine the principles of strict liability |
Element: |
5.Analyse and apply Victorian and Commonwealth no-fault compensation schemes |
Performance Criteria: |
5.1 Explore the history and basis of the statutory schemes |
Element: |
6.Analyse and apply the law relating to the intentional tort of trespass to the person |
Performance Criteria: |
6.1 Define the term assault and identify its elements in tort law |
Element: |
7.Analyse and apply the elements of torts designed to protect interests in land |
Performance Criteria: |
7.1 Examine the elements of, and defences to, the intentional tort of trespass to land |
Element: |
8.Analyse and apply intentional torts relating to interference with interests in goods |
Performance Criteria: |
8.1 Compare and contrast the elements of the torts of trespass to goods, conversion and detinue in order to determine differences and areas of overlap |
Element: |
9.Investigate application of the law of defamation |
Performance Criteria: |
9.1 Identify and describe the relevant principles of defamation law |
Learning Outcomes
Details of Learning Activities
Teaching Schedule
Week No. |
Date |
Topic: |
Assessment tasks |
1 |
July 6 |
Nature and sources of tort law |
|
2 |
July 13 |
Assault and battery |
|
3 |
July 20 |
False imprisonment and help with assessment 1 |
|
4 |
July 27 |
Torts relating to land – trespass and nuisance |
Case study assignment (indicative mark 20) to be submitted via turnitin by 11 pm Tuesday 26 July and to be delivered by hand prior to class commencement |
5 |
August 3 |
Torts relating to goods – trespass, conversion and detinue |
|
6 |
August 10 |
Defences and remedies for intentional torts |
|
7 |
August 17 |
Defamation |
|
8 |
August 24 |
In class open book test on topics from classes 2 to 7 inclusive |
Test (indicative mark 30) 2 hours plus reading time – open book. |
MID-SEMESTER BREAK:- August 29 – September 2 inclusive | |||
9 |
September 7 |
Negligence – Duty of care |
|
10 |
September 14 |
Breach of duty of care |
|
11 |
September 21 |
Causation |
|
12 |
September 28 |
Defences and types of damages |
|
13 |
October 5 |
Liability for defective goods, occupiers’ liability and vicarious liability |
|
14 |
October 12 |
Revision |
|
15 |
October 19 |
In class final test (open book) |
Final test 50 (indicative mark) answering 3 questions on negligence in 2 hours plus reading time |
16 |
October 26 |
Re-sits |
|
Learning Resources
Prescribed Texts
References
Other Resources
Overview of Assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
In order to demonstrate competency in this unit, you must provide evidence of:
• knowledge of the statutory instances of Tort Law
• researching, analysing and discussing Law of Torts to arrive at an effective courtroom strategy including precedent
• knowledge of the origin, nature, aims and rationale of Tort Law
• knowledge of the forms of Tort Law
• knowledge of historical and contemporary application and delivery of Tort Law in Commonwealth and Victorian courts
Context for assessment
Assessment must ensure:
• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification
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 effectiveness 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
Assessment Tasks
Assessment that learning outcomes have been achieved will be by:
1. Case study assignment (due week 4) 20%
2. Test (open book) (week 8) 30%
3. Final test (open book) (week 15) 50%
100%
Assessment 1 Case Study where you are asked a series of questions relating to a case concerning assault, battery, wrongful imprisonment and damages, being topics covered in the classes in weeks 2 and 3. You have to submit typed answers via turnitin by 11 pm Tuesday 26 July and, also, to be delivered by hand to your teacher prior to class commencement on Wednesday 27 July. You must show competency before you will be marked out of 20.
Assessment 2 is an open book test in class in week 8. It covers the class topics from weeks 2 – 7 inclusive. The time allocated is 2 hours plus 15 minutes reading time. The test is open book and after being assessed as competent it will be assessed out of 30 marks.
Assessment 3 is the final open book test worth 50 marks scheduled for week 15. This test covers the topics covered in weeks 9 - 13. The time allocated is 2 hours plus 30 minutes reading time.
Assessment Matrix
Course Overview: Access Course Overview