Course Title: Law of Torts
Part B: Course Detail
Teaching Period: Term1 2010
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 beginning | Topic | Assessment |
| Week 1 – 8th Feb | Nature, sources and purpose of law of tort law. Classification of torts. | |
| Week 2 – 15th Feb | Assault and battery |
|
| Week 3 – 22nd Feb | False imprisonment. | |
| Week 4 – 1st March | Torts relating to Land – trespass and nuisance. | |
| Week 5 – 8th March | No classes - prepare case study due next week | Labour Day holiday on Monday 9 March |
| Week 6 – 15th March | Torts relating to goods. Defences and remedies for intentional torts. |
Case study assignment due (20 marks) |
| Week 7 – 22nd March | Defamation class | |
| Week 8 – 29th March | Liability for animals & revision for test | Reflections 1-5 due (10 marks) |
| Vacation 1-7 April | Mid-semester break (Student vacation) | Easter holiday period |
| Week 9 – 12th April | In class open book test (20 marks) | In class open book test (20 marks) |
| Week 10 – 19th April | Classes on negligence start – duty of care | |
| Week 11 – 26th April | Breach of duty of care |
|
| Week 12 – 3rd May | Proof of negligence, causation and remoteness of damage | |
| Week 13 – 10th May | Defences to negligence claims and types of damage. | Law week |
| Week 14 – 17th May | Liability for defective goods, occupier’s liability & vicarious liability | Reflections 6-9due (10 marks) |
| Week 15 – 24th May | Statutory compensation schemes | |
| Week 16 – 31st May | In class Final Test (Open Book) (40 marks) | In class Final Test (Open Book) (40 marks) |
| Week 17 – 7th June | Deferred assessment | |
| Week 18 – 14th June | Review of assessment | Queen’s Birthday public holiday Monday 14 June |
Learning Resources
Prescribed Texts
Mendelson, Danuta The New Law of Torts (Oxford) Mc Glone + Stickley Australian Torts Law 2nd ed Butterworths 2008 |
|
McGlone + Stickley Australian Torts Law 2nd ed Butterworths 2008 |
|
Davies + Malkin Torts 5th ed Butterworths Tutorial Series |
References
Fleming, Law of Torts, LBC |
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 reflections | Case study | Test 1 | Final 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 | 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