Course Title: Analyse and apply law of torts
Part B: Course Detail
Teaching Period: Term2 2020
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: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Eugene De Grey
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 |
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:
9.5 Research and describe the developments in relation to the protection of privacy, and discuss for application |
Learning Outcomes
Details of Learning Activities
This semester we will be learning remotely through Collaborate Ultra Sessions.
A range of learning activities are planned for this course including self-paced and discussion 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 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.
This course will be delivered via our existing learning management system, Canvas. This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.
Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes. These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.
This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
This course is comprised of one competency: VU21634 Analyse and Apply Law of Torts
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 requiements
- 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, Semester 2, 2020 | |||
Week commencing |
Topic |
Readings and Activities |
Assessment |
|
Week 1 July 6 |
Nature and sources of tort law |
Reading: Shircore text chapter 1
|
|
|
Week 2 July 13 |
Assault and Battery |
Reading: Shircore text chapter 2 . |
|
|
Week 3 July 20 |
False Imprisonment |
Reading: Shircore text, pp.18-20 |
Assessment Task 1 due |
|
Week 4 July 27 |
Torts relating to land – trespass and nuisance |
Reading: Shircore text chapter 3 trespass to land + chapters 18 &19 on nuisance,. |
|
|
Week 5 August 3 |
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. |
|
|
Week 6 August 10 |
Defamation |
Reading: Shircore text chapter 20 |
|
|
Week 7 August 17 |
Start of Negligence - Duty of care |
Reading: Shircore text chapters 1 to 5 and 18 to 20 and class notes for weeks 1 to 6 inclusive |
|
|
Week 8 August 24 |
Breach of duty of care |
Reading: Shircore text chapters 6-9 |
|
| Mid-Semester Break | |||
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Week 9 September 7 |
Revision |
Reading: Shircore text chapters 10 & 11 |
Assessment Task 2 due |
|
Week 10 September 14 |
Causation |
Reading: Shircore text chapters 12 & 13 |
|
|
Week 11 September 21 |
Defences and types of damages |
Reading: Shircore text chapters 14 to 16. |
|
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Week 12 September 28 |
Liability for defective goods, occupiers’ liability and vicarious liability |
Reading: Shircore text chapter 17. |
|
|
Week 13 October 5 |
Assessment Task 3 due in class |
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Week 14 October 12 |
Revision - Practice Questions |
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Week 15 October 19 |
Assessment Task 4 due in class |
||
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Week 16 October 26 |
Resubmissions/Resits |
||
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Week 17 November 2 |
Grade Entry |
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Learning Resources
Prescribed Texts
References
Other Resources
Online learning materials can be accessed by going into the RMIT website's Online Learning Hub.
The online learning materials listed include:
- Course outlines
- Power point Presentations
- Supporting Reading material
- Industry relevant articles
- Activities.
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
In order to achieve competency in this unit, you must satisfactorily complete the criteria for each of the four assessments in this course.
Assessment Task 1: Case study report and identification of judicial reasoning
Due: 26 July 2020
The purpose of this task is to develop your skills in reading decided cases, analysing judicial decision-making and enhance analytical skills to ensure that only relevant information is considered. You will do this by considering how judges think, write and deal with problems with which they are presented. Questions are designed to help you dissect decisions, so they can make sense of those decisions and can serve as useful summaries.
Assessment Task 2: Elements of Torts Case Studies
Due: 13 September 2020
The objective of this assessment is to allow you to demonstrate that you have acquired the knowledge and skills taught in class to date and apply this knowledge to two detailed fact situations around the areas of Quoting legal principles/ elements and cases.
Assessment Task 3: Applying the Law of Negligence
Due: In-class during Week Commencing 5 October 2020
The objective of this assessment is to allow you to demonstrate that you have acquired the knowledge and skills taught in class to date and apply this knowledge to two detailed fact situations.
Assessment Task 4: Victorian and Commonwealth no-fault compensation schemes
Due: In-class during Week Commencing 19 October 2020
The purpose of this assessment is to assess your ability to analyse and apply Victorian and Commonwealth no-fault compensation schemes to a case study.
Assessment Matrix
The assessment matrix that maps all the assessments is available on CANVAS.
Other Information
Submission Requirements
- 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
Resubmissions (VET Programs)
If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the Dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview