When a person has been harmed by the conduct of another it is the law of torts which determines who has to bear the loss.   This is an important aspect of the civil law (in contrast to criminal law).  Historically, it derived largely from judicial decisions, and hence was largely what we call common law but in more recent times legislation has become increasingly important.  The law of torts protects people against, and compensates them for, unreasonable interferences with a wide range of interests, including their bodily integrity, property, reputation, and financial interests.  It does this through a range of different torts, including trespass, negligence, nuisance and defamation.  In this basic and introductory course we will focus on the use of the torts of trespass and negligence in contexts where people suffer personal injuries.  We will also look at the tort of trespass to land.    

As this is generally the first substantive law course that students encounter in their law program, we will also begin to teach students some of the basic skills which you will need - in particular, to read, understand and apply case law and legislation.  We will also explore in a basic way the interaction between case law and legislation.

Learning Outcomes

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

1. Select and apply the fundamental legal principles of tort law
2. Identify and frame torts issues within hypothetical scenarios
3. Explore and analyse the context within which tort law has developed, including the common law’s unique form, goals, and history
4. Synthesise and apply a range of legally specific research principles, methods, primary legal resources, and tools to respond to a factually complex tort problem
5. Articulate legal reasoning, especially in the form of written analysis

Required Resources

The prescribed text for this course is:

 Luntz et al Luntz & Hambly’s Torts: Cases, Legislation and Commentary (LexisNexis, 9th ed, 2021).

Staff Feedback

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

·       written comments on assignments; and

·       feedback to the whole class, and to tutorial groups.

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: 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 (Trespass)
2	Lectures (Trespass)
3	Lectures (Trespass) + Tutorial
4	Lectures (Negligence) + Tutorial
5	Lectures (Negligence) + Tutorial	Quiz (not assessed for marks; 0% weighting) completed in tutorial, feedback given on answers in tutorial, for purpose of feedback to students before course half-way point
6	Lectures (Negligence) + Tutorial	Mid-semester assessment question released
7	Lectures (Negligence) + Tutorial	Mid-semester assessment due
8	Lectures (Negligence) + Tutorial
9	Lectures (Negligence) + Tutorial
10	Lectures (Negligence) + Tutorial
11	Lectures (Negligence) + Tutorial
12	Lectures (Negligence) + Tutorial

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Participation	0 %	*	*	1,2,3,4,5
Mid-semester Assessment	50 %	21/04/2022	19/05/2022	1,2,3,4,5
Final Assessment	50 %	09/06/2022	*	1,2,3,4,5

* 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 Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

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.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Assessment Task 1

Participation

Details of Task: Students are required to attend all tutorials, and to participate in discussion in tutorials. Attendance will be noted by tutors at each tutorial (by students signing for their attendance).

Nature of task: Compulsory. Failure to complete these requirements may result in a loss of up to 5% of the marks overall for the course.

Weighting including penalties:

Failure to attend 8 out of 10 tutorials without documented special circumstances will result in 5% being deducted from students overall mark for the course.

Due date: Ongoing. From 2022, any further absence from class, excluding the two unexplained absences, will require you to outline the circumstances that prevent your attendance and the appropriate documentation.

Exceptional circumstances that may warrant approval may include, but are not limited to:

• medical reasons (student injury, illness or medical condition, including COVID illness or isolation);
• family/personal reasons (family injury or illness, bereavement);
• cultural or religious commitments; where a cultural or religious event conflicts with the scheduled seminar.

Please note that approval will not be given for work related reasons.

From your ANU email address, you must email enquiries.law@anu.edu.au  indicating

(1) your full name and student ID;

(2) the date you will be absent (or were absent) from the seminar;

(3) the exceptional circumstances you have experienced that have necessitated your absence; and

(4) relevant documentation that supports your claims.

Further details are provided on your wattle site.

Please do not email your course convenor or tutor for privacy reasons. All medical and other personal documentation that is sent to Col Enquiries, will be destroyed from the provided email address on the server once the assessment has been made. 

Assessment Task 2

Mid-semester Assessment

Details of Task: In response to a hypothetical problem scenario, students are to submit an individual written piece that engages with the problem, identifying the Tort law issues arising on the facts, identifying and explaining the applicable legal principles and the source of their authority, and applying these principles to the facts in order to offer an opinion of the likely outcome should the dispute come before a court. This assessment covers the Trespass part of the course only.

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

Weighting: 50%

Release: 5pm, Monday 28 March 2022 on Wattle.

Due date: 5pm, Thursday 21 April 2022 via Turnitin on the course Wattle site. See below for online submission details. Late submissions (without an extension) are permitted, although strict late penalties apply (see below).

Word limit: 2000 words, including footnotes

Estimated return date: in Week 11: 5pm, Thursday 19 May 2022 via Wattle.

Assessment Criteria:

·      Articulate legal reasoning in the form of written analysis

·      Identify, select and apply appropriate legal principles of Tort law

·      Synthesise and apply a range of legally specific methods to respond to a factually complex Torts problem

·      Reference, where appropriate, in accordance with AGLC conventions

Assessment Task 3

Final Assessment

Details of Task: In response to a hypothetical problem scenario, students are to submit an individual written piece that engages with the problem, identifying the Tort law issues arising on the facts, identifying and explaining the applicable legal principles and the source of their authority, and applying these principles to the facts in order to offer an opinion of the likely outcome should the dispute come before a court. This assessment covers the Negligence part of the course only.

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

Weighting: 50%

Release: 5pm, Thursday 2 June 2022 on Wattle.

Due date: 5pm, Thursday 9 June 2022 via Turnitin on the course Wattle site. If you experience unavoidable and extenuating circumstances and cannot complete the assessment at the due date and time, do not access the assessment and apply for an extension to the ANU College of Law Student and Education Services Team: https://law.anu.edu.au/forms/assessment-extension-request. The College will give you one further opportunity to complete the assessment, at the same time one week later. This will be your final opportunity to complete the task. If you have accessed the assessment, you will not be approved an extension and will need to complete the assessment by the due date and submit a special consideration application for your circumstances to be considered.

Word limit: 2000 words, including footnotes.

Estimated return date: Official end of semester results release date via Turnitin. 

Assessment Criteria:

·      Articulate legal reasoning in the form of written analysis

·      Identify, select and apply appropriate legal principles of Tort law

·      Synthesise and apply a range of legally specific methods to respond to a factually complex Torts problem

·      Reference, where appropriate, in accordance with AGLC conventions

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to sign (electronically) 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

No hardcopy submission of assignments in this course

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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per 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.

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.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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