Course Title: Law of Torts

Part B: Course Detail

Teaching Period: Term1 2009

Course Code: LAW5041

Course Title: Law of Torts

School: 650T TAFE Business

Campus: City Campus

Program: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : Paul Ryan

Course Contact Phone: +61 3 9925 5466

Course Contact Email:paul.ryan@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 51

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

LAW5040 Legal Process [VBM898]

Course Description

This module covers nature, aims and rationale of the law of torts, intentional interference with another person, negligence, negligent misrepresentation and negligently causing psychological injury, torts relating to land, torts relating to goods, vicarious liability, occupier’s liability, strict liability, no-fault compensation schemes and defamation.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM894 Law Of Torts


Learning Outcomes


1. Analyse the term “tort”, determine those affected by the law of tort and assess the aims and rationale behind the law of tort.
2. Analyse the law relating to trespass to the person.
3. Analyse the elements of negligence, and determine possible defences to a negligence action.
4. Analyse the legal principles relating to negligent misrepresentation and negligently causing psychological injury.
5. Analyse the elements of torts designed to protect interests in land.
6. Analyse and assess torts relating to interference with interests in goods.
7. Analyse vicarious liability, occupier’s liability and strict liability and examine the principles applicable to a successful claim in each.
8. Analyse and evaluate the various no-fault compensation schemes presently operating in Victoria and the Commonwealth.
9. Analyse, evaluate and specify the elements of defamation and analyse the possible defences to a defamation action.


Details of Learning Activities

The week by week classes as per the teaching schedule below and assessments, including due dates, are subject to variation, but I will try to keep as close as practicable to that set out in this Part B Statement.


Teaching Schedule

Week beginningTopicAssessment
 Week 1 – 9th Feb Nature, sources and purpose of law of tort law. Classification of torts.  
 Week 2 – 16th Feb

 Assault and battery

 
 Week 3 – 23rd Feb  False imprisonment.  
 Week 4 – 2nd March  Torts relating to Land – trespass and nuisance.  
 Week 5 – 9th Mar No classes - prepare case study due next week Labour Day holiday on Monday 9 March
 Week 6 – 16th Mar  Torts relating to goods.
Defences and remedies for intentional torts.
 Case study assignment due (20 marks)
 Week 7 – 23th Mar Defamation class 
 Week 8 – 30th March  Liability for animals & revision for test Reflections 1-5 due (10 marks)
 Week 9 – 6th April In class open book test (20 marks) In class open book test (20 marks)
 Vacation 9-15 April Mid-semester break (Student vacation) Easter holiday period
 Week 10 – 20th April  Classes on negligence start – duty of care 
 Week 11 – 27th April

Breach of duty of care

 
 Week 12 – 4th May  Proof of negligence, causation and remoteness of damage  
 Week 13 – 11th May  Defences to negligence claims and types of damage.  Law week
 Week 14 – 18th May  Liability for defective goods, occupier’s liability & vicarious liability  Reflections 6-9due (10 marks)
 Week 15 – 25th May Statutory compensation schemes  
 Week 16 – 1st June  In class Final Test (Open Book) (40 marks) In class Final Test (Open Book) (40 marks)
 Week 17 – 8th June  Deferred assessment Queen’s Birthday public holiday Monday 8 june
 Week 18 – 15th June  Review of assessment  


Learning Resources

Prescribed Texts

There is no prescribed text for this course, but one the following texts are highly recommended:
1. Davies + Malkin, Torts 5th ed ( Butterworths Tutorial Series) 2. Mendelson, Danuta  The New Law of Torts  (Oxford)
3. Blay, Gibson + Richards Torts Law in principle 4th edition Thomson Law Book


References

Fleming, Law of Torts, LBC

McGlone + Stickley, Australian Torts Law , 2nd edition Butterworths

Morrison and Sappideen, Torts, Commentary and Materials 9th edition, LBC

Trindale and Cane, Law of Torts in Australia, Oxford University Press

Clarke - Devereux, Torts– A Practical Learning Approach - Butterworths

Winfield and Jolowicz, Tort, Sweet and Maxwell

Luntz Hambly Burns Dietrich Foster, Torts, Cases and Commentary, 6th ed Butterworths

Balkin and Davis, Law of Torts, 3rd edition Butterworths


Other Resources

Online Resources:
Australian Legal Sites (www.dlsweb.rmit.edu.au/just5010)

Australasian Legal Information Institute (www.austlii.edu.au)

CCH Online (www.cch.com.au)

ComLaw (www.comlaw.gov.au)

LexisNexis Butterworths Online (www.butterworthsonline.com)

Transport Accident Commission (www.tac.vic.gov.au/)

Victorian Legislation and Parliamentary Documents (www.dms.dpc.vic.gov.au)

Workcover (www.workcover.vic.gov.au)

High Court of Australia (www.hcourt.gov.au)

Federal Court of Australia (www.fedcourt.gov.au)

Federal Magistrates Court (www.fms.gov.au)

Supreme Court of Victoria (www.supremecourt.vic.gov.au)

County Court of Victoria (www.countycourt.vic.gov.au)

Magistrates’ Court of Victoria (www.magistratescourt.vic.gov.au)

Acts and subordinate legislation (Victoria & Commonwealth)

• Accident Compensation Act 1985 (Victoria & Commonwealth)
• Confiscation Act, 1997 (Vic)
• Domestic(Feral and Nuisance) Animals Act 1994 (Vic.)
• Goods Act, 1958 (Vic)
• Sentencing Act, 1991 (Vic)
• Transport Accidents Act 1986 (Vic.)
• Victims of Crime Assistance Act, 1996 (Vic)
• Wrongs Act 1958 (Vic.)
• Health and Other Services (Compensation) Act, 1995 (C’th)
• Health Insurance Act,1973 (C’th)
• Social Security Act, 1991 (C’th)
• Trade Practices Act, 1974 (C’th)
• Volunteer Protection Act, 2003 No.2 (C’th


Overview of Assessment

Assessment will consist of written tests and an assignment.


Assessment Tasks

Assessment that learning outcomes have been achieved will be by:

1. Participation /reflections (due weeks 8 & 14 )  20%
2. Case study assignment (due week 6)              20%
3. Open book in class test (week 9)                       20%
4. Final test (open book – (week 16)                      40%
                                                                                     100%


Assessment 1 Participation / reflections are to encourage students to participate in classes and to consider important issues raised in classes. Reflections 1-5 will be assessed / marked out of 10 marks in week 8 and reflections 6-9 assessed out of 10 marks in week 14

 Assessment 2 Case Study (see “Assignments” on the learning hub) where you are asked a series of questions relating to a case or cases concerning assault, battery, wrongful imprisonment and damages, being topics covered in the classes in weeks 2 and 3. You have to submit typed answers by your class in week 6 and you will be marked out of 20

Assessment 3 is an open book test in the classes in week 9 where you will have to answer 2 out of a choice of 3 questions on the topics covered in classes 2-8. The time allocated is 90 minutes plus 15 minutes reading time. The test is open book asessed out of 20 marks

Assessment 4 is the final open book test worth 40 marks scheduled for week 16 where you will probably have to answer 3 major questions in 2 hours including reading time.

To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%.


Assessment Matrix

Learning outcome  
Written reflectionsCase studyTest 1Final test
 Analyse the term “tort”, determine those affected by the law of tort and assess the aims and rationale behind the law of tort. X   
 Analyse the law relating to trespass to the person. X X X 
 Analyse the elements of negligence, and determine possible defences to a negligence action. X   X
 Analyse the legal principles relating to negligent misrepresentation and negligently causing psychological injury. X   X
 Analyse the elements of torts designed to protect interests in land. X  X 
 Analyse and assess torts relating to interference with interests in goods. X  X 
 Analyse vicarious liability, occupier’s liability and strict liability and examine the principles applicable to a successful claim in each. X X  X
 Analyse and evaluate the various no-fault compensation schemes presently operating in Victoria and the Commonwealth.   X
 Analyse, evaluate and specify the elements of defamation and analyse the possible defences to a defamation action. X  X 

Other Information

My aim is students enjoy this interesting course.  Hopefully, far more than I have in preparing this Part B course detail.

The complete syllabus for the Law of Torts is on the course site on this RMIT learning hub at http://www.rmit.edu.au/learninghub .  Please refer to it for details of the learning outcomes and assessment criteria.

Course Overview: Access Course Overview