The aim of this course is to study at an introductory level one of the basic disciplines of the common law. When a person has been harmed by the conduct of another - whether he or she incurs injury to their person, property or reputation; or financial loss; or interference with their use of land or goods - and decides to seek a legal remedy for that harm, the law of torts may provide them with a means of receiving compensation for their loss. This course will focus on personal injuries and examine the torts of trespass to the person and negligence. The course will also consider ways in which interests in property can be protected, namely through the tort of trespass to land. Historically the law of torts was largely based on common law (developed through judicial decisions), but legislative reforms in the last decade have made significant changes to the common law.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Define, explain and apply the core features of tort law;
2. Recognise and appraise the context within which tort law has developed, including the common law’s unique form, goals and history;
3. Engage in the core legal skills of verbal expression and reasoning by discussion in tutorials and lectures;
4. Develop the key ability to solve legal problems independently by approaching problem-solving, reasoning, research and presentation of work with substantial degrees of autonomy;
5. Define and contrast the torts of trespass, including trespass to person and land; and negligence, including duty of care, breach of duty, and causation and remoteness of damage;
6. Define, explain and apply the principles of vicarious liability and the role it plays as a loss-distribution mechanism for tortiously-caused harm;
7. Recognise and reflect critically on how the common law of negligence has been modified by legislation.

Research-Led Teaching

Required Resources

Luntz, Hambly, Burns, Dietrich, Foster, Torts Cases and Commentary (Lexis Nexis, 8th ed, 2017). Do not purchase an earlier edition.

Staff Feedback

Students will be given feedback in the following forms in this course:

·        written comments

·        feedback to the whole class, to groups, to individuals

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about this interim policy please see: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Lectures (Introduction to Course; Trespass)
2	Lectures (Trespass)
3	Lecture (Trespass) + Tutorial
4	Lecture (Trespass; Negligence) + Tutorial
5	Lecture (Negligence) + Tutorial
6	Lecture (Negligence) + Tutorial
7	Lecture (Negligence) + Tutorial
8	Lecture (Negligence) + Tutorial
9	Lecture (Negligence) + Tutorial
10	Lecture (Negligence) + Tutorial
11	Lecture (Negligence) + Tutorial
12	Lecture (Negligence) + Tutorial

Tutorial Registration

Tutorials are held every week commencing in week 3 of the semester. You need to sign up to a tutorial group. Places in each tutorial are limited: students must secure a place by enrolling in a tutorial group.

Tutorial enrolment will open on the course WATTLE site at 1:00pm on Monday 11 February 2019 (two weeks before the course commences).* Students will be required to enrol via WATTLE in a tutorial group by no later than 5:30pm on Friday 1 March 2019.

*Note: A new University policy stipulates that at least 50% of tutorial groups must be open for enrolment two weeks before the course commences. In this course, all tutorial groups (save for one or two to adjust for actual enrolment numbers) will be open for enrolment two weeks prior to the commencement of the course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Quiz	0 %	01/04/2019	01/04/2019	1, 3, 5
Mid-Semester Assignment	40 %	04/04/2019	03/05/2019	4
Final Take-Home Examination	60 %	06/06/2019	04/07/2019	1, 2, 4, 6, 7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Examination(s)

This course will include a take-home examination. The date and time of the exam on the assessment summary is indicative only. Students should consult the examinations timetable once it has been released to confirm the date and time of the exam.

Assessment Task 1

Optional Quiz

Details of Task: This is a non-graded and optional item of assessment. It comprises an online quiz. The quiz may be attempted more than once. Where a student enters an incorrect answer, the student automatically receives feedback on why the answer selected is not correct. The assessment is intended to give students an opportunity, mid-way through the course, to check their understanding of the subject, and to obtain some feedback.

Nature of Task: Non-graded and optional.

Weighting: 0%

Release: The quiz will be released from week 5 (25 March 2019 at 12 noon) on Wattle.

Due date: The quiz will be closed at the beginning of week 6 (1 April 2019 at 9pm) on Wattle. Late submission is not accepted for this task.

Estimated return date: The student automatically receives feedback upon submitting the answer to each question.

Assessment Criteria: N/A

Assessment Task 2

Mid-Semester Assignment

Details of Task: The assignment will consist of one legal problem question relating to content taught in the trespass component of the course. Detailed instructions will be released with the assignment question.

Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a 0 for this task.

Weighting: 40%

Release: 12 March 2019 at 12 noon on Wattle

Due date: 4 April 2019 at 9pm (submit to Turnitin on Wattle – see below for online submission details). Late submission (without an extension) is permitted, though late penalties apply. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.

Word limit: 2,200 words

Estimated return date: 3 May 2019 via Wattle

Assessment Criteria: You will be assessed to on your ability to demonstrate:

• an ability to identify the relevant legal issues in a factual scenario;

• a sound knowledge of the relevant legal principles and an ability to discuss the relevant law;

•  an ability to apply those legal principles to those facts, using appropriate skills of legal reasoning to formulate relevant legal arguments;

•  an ability to assess the merits of legal arguments and draw clear conclusions;

•  an ability to employ legal citation methods expected for assignments;

• skills relating to organisation of the answer (ie. clarity, order and logic in how it is organised and legal methodology skills);

•  sound written communication skills (including precision and accuracy in legal writing).

Assessment Task 3

Final Take-Home Examination

Details of Task: The final take-home examination will consist of 2 parts. Part 1 will be a legal problem question relating to content taught in the negligence component of the course. Part 2 will be a short essay question relating to content taught in the negligence component of the course. There will be no choice of question. The problem question and the essay question are to be answered by reference to materials covered in the course (no research is required for either the problem question or the essay). 

Nature of Task: Compulsory and non-redeemable. Failure to complete this task will result in a 0 for the task.

Weighting: 60%

Duration: 5 hours

Release: 6 June 2019 at 4pm on Wattle (TBC)

Due date: 6 June 2019 at 9pm (submit to Turnitin on Wattle – see below for online submission details). Late submissions for this task are not accepted.

Please note that the date and time of the exam in the assessment summary is indicative only. The date and time of the final exam is subject to change (in the event of clashes with other University exams). Please consult the university examinations timetable when it becomes available.

Word limit: 2500 words

Estimated return date: After release of final results via Wattle

Assessment Criteria:

Problem Question:

•  an ability to identify the relevant legal issues in a factual scenario;

•   a sound knowledge of the relevant legal principles and an ability to discuss the relevant law;

•  an ability to apply those legal principles to those facts, using appropriate skills of legal reasoning to formulate relevant legal arguments;

•   an ability to assess the merits of legal arguments and draw clear conclusions;

•   an ability to employ legal citation methods expected for formal timed examinations;

•  skills relating to organisation of the answer (ie. clarity, order and logic in how it is organised and legal methodology skills);

•   sound written communication skills (including precision and accuracy in legal writing).

 

Short Essay:

• clear and accurate articulation and analysis of the relevant issues and relevant law;

• presentation of a logical argument that addresses the question and engages critically with the relevant issues and materials;

•  construction of a sustained and consistent argument throughout the essay;

• skills relating to organisation of the essay (ie. clarity, order and logic in how it is structured);

•  sound written communication skills (including precision and accuracy in essay writing).

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Assessment tasks 1,2 and 3 will be returned to students via Wattle.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students