Course Title: Apply the principles of the law of torts
Part B: Course Detail
Teaching Period: Term1 2018
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
Luis Quintero
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/Canvas
•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
Tuesday evenings at 5.30 or 7.30pm |
Class Topic |
Assessment |
Week 1 – 6 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 canvas) – assessment 1. Due week 6 |
Week 2 – 13 |
Torts relating to land |
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Week 3 – 20 Feb |
Trespass to the person and to goods |
Self- directed learning re defences and remedies for intentional torts |
Week 4 – 27 Feb |
Defamation |
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Week 5 – 6 Mar |
Duty of care and breach of the duty of care |
Written major assignment on negligence to be handed out and available on Canvas –assessment 2. |
Week 6 –13 Mar |
Causation in negligence claims |
Take-home case study under open book test Conditions on topics in weeks 1-4 due before class |
Week 7 – 20 Mar |
Vicarious Liability + Defences |
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Week 8a – 27 Mar |
Damages |
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Easter break |
Thursday 29 March to 4 April |
Week 9 – 10 April 2018 |
Revision + Discussion on negligence law assessment 2 |
Written assignment where students provide a detailed and researched letter of advice on negligence due week 12 – 8 May 2018.
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Please note that this teaching schedule is subject to change.
The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
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
Torts written by Mandy Shircore published as part of Law Briefs by Thomson Reuters, 2015. |
References
Other Resources
Full details of resources required for this unit may be found in the "Course and Program Guide Summary - Semester 1, 2018" 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
In order to achieve competency in this unit, you must satisfactorily satisfy the criteria for each of the two assessments in this course.
Task 1 - Supervised Assessment
For this Assessment Task you are required to demonstrate your knowledge of all the topics covered by completing an open book in class supervised assessment. The topics covered will be: assault; battery; false imprisonment; trespass to land; private nuisance; trespass to goods; conversion; detinue; defences to the said torts and damages: and defamation, including the defences and damages.The assessment is comprised of a series of theoretical and practical questions including: short answer and mini case studies. Students should refer in their answers to relevant legislation (if any) and, where possible, refer to cases to support your opinion. You will need to undertake your own legal research (especially if you wish to obtain a high distinction), but you should be able to write a very good answer based on the Class Notes and the additional materials on the canvas site.
This assessment will take place during your normal scheduled class time.
Task 2 - Assignment
For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in from weeks 5 – 9 (negligence issues) by providing a letter of advice to a simulated client. The topics you need to cover are duty of care, breach of the duty of care and causation; the defences to negligence actions and damages. Also, issues relevant to negligence e.g. vicarious liability and concurrent liability.You will be provided with a client brief that raises series of questions that will need to address in your letter of advice to the client. You need to support your advice with reference to relevant legislation (if any) and, where possible, refer to cases/precedents to support your opinion. This task requires you to undertake research in the relevant points of law and past precedents that relate to the case at hand.
Please refer to the individual assessments for more details.
Assessment Matrix
The assessment matrix that maps all the assessment is available on CANVAS.
Other Information
Other Information
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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. More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work 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. More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration Resubmissions (VET Programs): If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible. Grading & re-submissions Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course. Adjustments to Assessment In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
Marking Guide (Competency):
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.
Marking Guide (Grading)
After achieving competency we then grade your performance in the unit and you will achieve one of the following grades: Final Grades table: | |||
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CHD |
Competent with High Distinction |
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CDI |
Competent with Distinction |
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CC |
Competent with Credit |
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CAG |
Competency Achieved – Graded |
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CA |
Competency Achieved – Not Graded |
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NYC |
Not Yet Competent |
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DNS |
Did Not Submit for assessment |
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Further information regarding the application of the grading criteria will be provided by your teacher.
Course Overview: Access Course Overview