Course Title: Analyse and apply law of torts

Part B: Course Detail

Teaching Period: Term1 2018

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

Annmaree Bowey

annmaree.bowey@rmit.edu.au

 

 

 

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 1.2 Analyse the aims and rationale of the law of tort with reference to the structure and types of torts 1.3 Distinguish tort from crime, breach of contract, trust or other obligations 1.4 Examine the nature of the interests protected by the law of torts 1.5 Research and discuss the need for statutory intervention

Element:

2.Identify and apply the rules of negligence

Performance Criteria:

2.1 Define the term negligence and analyse its concepts 2.2 Research and determine possible defences to a negligence action 2.3 Evaluate the means of proving negligence, including: burden of proof; standard of proof; the use of expert evidence, and, the application of the res ipsa loquitur concept 2.4 Examine the nature of damages that may be obtained in a negligence action 2.5 Determine legislative limits on negligence actions including: thresholds; limitation periods; and reduced liability in defined circumstances of loss, causation, intervening and/or break in chain of causation

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) 3.2 Examine the circumstances in which there can be liability for negligent misstatement causing economic loss 3.3 Examine the principle of vicarious liability 3.4 Specify the circumstances in which there can be liability for negligently inflicted purely psychological harm in the absence of physical injury 3.5 Specify the legal principles relating to liability for harm caused by defective products including the provision of Part VA of the Trade Practices Act 1974 (Cth)

Element:

4.Analyse principles of strict liability

Performance Criteria:

4.1 Research and determine the principles of strict liability 4.2 Compare and contrast strict liability with fault based liability 4.3 Research and describe available defences to a strict liability claim

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 5.2 Identify and analyse the no-fault scheme regarding injury arising from a transport accident 5.3 Specify the current compensation schemes for employment-related injuries or diseases, both in Victoria and the Commonwealth and evaluate for application 5.4 Identify the circumstances where common law remedies remain available in transport- and employment-related situations and evaluate for application 5.5 Identify the problems arising from the statutory schemes and advantages and disadvantages of the schemes and discuss for impact on practice

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 6.2 Define the nature of battery and identify its elements in tort law 6.3 Define the term false imprisonment and identify its elements in tort law 6.4 Identify the elements of intentionally causing harm in tort law 6.5 Evaluate and apply the possible defences to trespass to the person

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 7.2 Examine the tort of private nuisance and distinguish it from the tort of public nuisance 7.3 Identify and apply the remedies available for interference with interests in 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 8.2 Examine the nature of the remedies available and apply to a successful plaintiff in trespass to goods, conversion and detinue

Element:

9.Investigate application of the law of defamation

Performance Criteria:

9.1 Identify and describe the relevant principles of defamation law 9.2 Define and evaluate and the elements of defamation 9.3 Identify and describe the defences to a defamation action at common law and in legislation 9.4 Determine and apply the possible remedies to a defamation action, including: • types of damages, • Injunction, and, • impact of an apology and offers to make amends, 9.5 Research and describe the developments in relation to the protection of privacy, and discuss for application


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 

The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)

 

 

Course Schedule: Analyse and Apply Law of Torts LAW5717  adlp                                           Semester 1: 2018

Week commencing

Topic

Readings and Activities

Assessment

Week 1

5 Feb 2018

Nature  and sources of tort law

Reading: Shircore text chapter 1

Activity:  In 5 groups, each group considering 2 cases out of 10 case studies set out in class notes.

 Assessment Task 1 to be discussed being a written assignment due week 05

Week 2

12 Feb 2018

Assault and Battery 

Reading: Shircore  text chapter 2 . 

 

 

Week 3

19 Feb 2018

False Imprisonment

Reading: Shircore text, pp.18-20

 

 

Week 4

26 Feb 2018

Torts relating to land – trespass and nuisance

Reading: Shircore text chapter 3 trespass to land + chapters 18 & !9 on nuisance,.

 

 

 

Week 5

5 March 2018

Torts relating to goods – trespass, conversion and detinue +Defences to trespass and damages

Reading: Shircore text chapter 4 Interference with goods; chapter 5 defences to intentional torts.

 

 Assessment 1: Due - Case study assessment task 1 to be submitted via turnitin and to be delivered by hand prior to class commencement 

Week 6

12 Mar 2018

Defamation 

Reading: Shircore text chapter 20

Activity: Remixing course schedules (working groups)

 

Week 7

19 Mar 2018

Mid semester in class test

Reading: Shircore text chapters 1 to 5 and 18 to 20 and class notes for weeks 1 to 6 inclusive 

 

 Assessment Task 2 – Test ( 2 hours plus 30 minutes reading time – open book on topics in weeks 2 to 7.

Week 8 a

26 Marr 2018

Start of Negligence - Duty of care

Reading: Shircore text chapters 6-9

 

 

 

29 March to 4 April 2018

Easter break

 

Easter break

 

Week 9

9 April 2018

Breach of duty of care

Reading: Shircore text chapters 10 & 11 

 

 

Week 10

16 Apr 2018

Causation

Reading: Shircore text chapters 12 & 13 

 

 

Week 11

23 Apr 2018

Defences and types of damages

Reading: Shircore text chapters 14 to 16.

 

 

Week 12

30 Apr 2018

Liability for defective goods, occupiers’ liability and vicarious liability

Reading: Shircore text chapter 17. 

 

 

Week 13

7 May 2018

Revision

 

 

Week 14 - Week 16

14 May to  – 28 May 2018.

 

Final test week 14 or 15

Re-sits and resubmission of assessment tasks in weeks 15 &16.

 

Final test answering 3 questions on negligence in 2 hours plus 30 minutes reading time

 

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.

 

 


Learning Resources

Prescribed Texts

Shircore, Mary - Torts - Thomson Reuters Law Briefs – 2015


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

You will be required to complete the following assessments:

Task 1 - Case Study

For this Assessment Task you are required to  your knowledge of all the topics covered in from weeks 1 – 3 by series of questions relating to a decided case concerning assault, battery, false imprisonment and damages, being topics covered in the classes in weeks 2 and 3. 

Task 2 - Supervised Assessment

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in from weeks 2 – 7  by providing advice for a series of case studies with reference to your own materials (Open book).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 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 refer to the relevant points of law and past precedents that relate to the case studies at hand. 

This assessment will take place during your normal scheduled class time.

Task 3 - Supervised Assessment

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered  in weeks 9 - 13 by completing an open book in class supervised assessment.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.  

This assessment will take place during your normal scheduled class time.

Please refer to the individual assessments for more details.

 

Task 1 - Case Study

For this Assessment Task you are required to  your knowledge of all the topics covered in from weeks 1 – 3 by series of questions relating to a decided case concerning assault, battery, false imprisonment and damages, being topics covered in the classes in weeks 2 and 3. 

Task 2 - Supervised Assessment

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered in from weeks 2 – 7  by providing advice for a series of case studies with reference to your own materials (Open book).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 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 refer to the relevant points of law and past precedents that relate to the case studies at hand. 

This assessment will take place during your normal scheduled class time.

Task 3 - Supervised Assessment

For this Assessment Task you are required to demonstrate your knowledge of all the topics covered  in weeks 9 - 13 by completing an open book in class supervised assessment.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.  

This assessment will take place during your normal scheduled class time.

Please refer to the individual assessments for more details.

  Next

 

       


Assessment Matrix

The assessment matrix that maps all the assessment is available on CANVAS 

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. (hard copy and soft copy)
  • When you submit work for assessment at RMIT University you need to use the Assessment task document that includes a declaration and statement of authorship.
  • Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers.

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 Informationhttps://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:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

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:

 

 

CHD

Competent with High Distinction

 

 

CDI

Competent with Distinction

 

 

CC

Competent with Credit

 

 

CAG

Competency Achieved – Graded

 

 

CA

Competency Achieved – Not Graded

 

 

NYC

Not Yet Competent

 

 

DNS

Did Not Submit for assessment

 

    

 

 

Further information regarding the application of the grading criteria will be provided by your teacher.

 

Course Overview: Access Course Overview