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..

This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Torts.

Learning Outcomes

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

1. Evaluate and apply the fundamental legal principles of tort law.
2. Critically analyse torts issues within hypothetical scenarios, with reference to their broader context and a range of diverse perspectives.
3. Appraise the context within which tort law has developed, including the common law’s unique form, goals, and history, and reflect on contemporary developments and issues in torts.
4. Evaluate and apply a range of legally specific research principles, methods, primary legal resources, and tools to resolve a factually complex tort problem and provide professional advice to a client.
5. Articulate accurate and persuasive legal reasoning, and communicate professional decisions to a variety of legal and non-legal audiences.
6. Propose solutions to legal problems by approaching problem-solving, reasoning, research, and presentation of work with substantial degrees of autonomy.

Research-Led Teaching

Professor Ford's research focuses on ‘Business and Human Rights’. He is interested (among other things) in the nature and extent of liability of companies for human rights violations in their supply chains abroad, and the barriers that exist to transnational tort actions against corporations where plaintiffs in developing world contexts seek to sue corporations abroad for allegedly negligent practices occasioning harm.

Professor Weeks is an expert in administrative law and the tort liability of governmental and public authorities and has published widely on these areas of expertise.

Examination Material or equipment

Information on what to expect during an examination

Required Resources

This is the prescribed text for this course:

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

To engage effectively in this course you will need to have very regular access to this case-book. By prescribing this book the course lecturers will be proceeding on the assumption that you have access to the book, and we strongly recommend students ensure that they purchase an individual hard or electronic copy. You may use this book during the end-of-semester exam and other assessment tasks. The ANU Law Library has access to some reserved and electronic copies of the prescribed case-book, but you will not be able to access these if other students are using them at the same time. Please contact the convenor if you have further queries about prescribed case-book access.

You will also be required to use the resources provided through the course Wattle page, including where topic sections indicate the page numbers or sections of 'required reading' from Luntz et al. You may also be required to access some electronic databases through the Wattle page.

Recommended Resources

We highly recommend one or more of the following as additional or supplementary textbook resources for general use:

• M Davies and I Malkin Torts (8th ed, Chatswood, LexisNexis, 2018)
• A Stickley Australian Torts Law (4th ed, Chatswood, LexisNexis, 2016)
• J Kyriakakis et al Contemporary Australian Tort Law (Cambridge, 2019)

Some copies of these books are placed on Reserve in the Law Library. Contact the Law Library for help with electronic access to e-copies of textbooks on Torts.

Note that the Kyriakakis text includes some interactive online learning resources that students may be interested in. We are not able to obtain course-wide access to these as they are only available for sale on an individual basis.

Staff Feedback

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

·        written comments on assignments, or in quiz auto-feedback

·        feedback to the whole class, to tutorial groups, and to individuals upon seeking an appointment

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

Task submission times refer to Canberra time (AEST/AEDT).

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 any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Lectures (Trespass)
2	Lectures (Trespass) + Tutorial	Optional 0% online quiz
3	Lectures (Trespass) + Tutorial	Optional 0% online quiz
4	Lectures (Negligence) + Tutorial	10% Online Quiz with feedback 20% Mid-semester Problem Question released 15% Group work: grouping and commence (due Week 10)
5	Lectures (Negligence) + Tutorial
6	Lectures (Negligence) + Tutorial
7	Lectures (Negligence) + Tutorial	20% Mid-semester Problem Question due
8	Lectures (Negligence) + Tutorial
9	Lectures (Negligence) + Tutorial
10	Lectures (Negligence) + Tutorial	15% Group-work due
11	Lectures (Negligence) + Tutorial
12	Lectures (Negligence; Revision) + Revision Tutorial

Tutorial Registration

The course Wattle page and MyTimetable have full information on tutorial registration. Within the state period you must register for a tutorial group and format that suits your timetable, and stay in that group for the 12 week semester. Tutorials begin in Week 2 of semester. Tutorials are smaller-group interactive sessions that give you the best opportunity to learn how to apply your knowledge to identify and solve scenario-based legal problems, which are a key legal skill and lie at the heart of assessment in this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz (Trespass)	10 %	20/03/2023	28/03/2023	1,2,3
Mid-semester Problem Question	20 %	17/04/2023	16/05/2023	1,2,4,5
Group-work Assignment	15 %	08/05/2023	02/06/2023	1,3,4,5,6
Final Examination	45 %	*	29/06/2023	1,2,3,4,5,6
Short Essay	10 %	22/05/2023	29/06/2023	1,3,5

* 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.

Examination(s)

This course will include a final examination. Examinations are conducted on campus during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

Online Quiz (Trespass)

Details of Task: This comprises an online quiz on the Law of Trespass (only Trespass, i.e. Weeks 1-3). The task is intended to give you a sense, fairly early in the semester, of how your understanding of the subject is developing.

The quiz has a time limit, and may be attempted only once. Where a student enters an incorrect answer, the student will be able to view feedback on why the answer selected is not correct. The student's result and the feedback for any incorrect answers will be viewable after the quiz time limit has passed and the quiz is closed to all students.

The assessment is intended to give students an opportunity, early in the course, to check their level of understanding of the subject and to obtain some feedback.

Students will have an opportunity in Week 2 and again in Week 3 to do an optional, 0% (not assessed) online quiz to get a 'feel' for the format before doing this Task 1 10% quiz.

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

Weighting: 10%

Release: 5pm, 14 March 2023

Duration: 20 minutes. Once you have commenced your attempt, you will have 20 minutes to complete it. The quiz will finish after 20 minutes and any open attempts will close and be submitted automatically. Please allow for sufficient time to complete your attempt.

Due Date: 5pm, 20 March 2023. Due to the nature of the task, late submission is not permitted.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date. However, you may apply for special consideration for your circumstances to be considered.

Estimated Return Date: 28 March 2023

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Mid-semester Problem Question

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 Torts 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.

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

Weighting: 20%

Release: 5pm, 14 March 2023

Word Limit: 1200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 17 April 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 16 May 2023. You will want to reflect on your feedback in terms of problem question technique ahead of the final examination.

Assessment Criteria: A complete assessment rubric will be made available on Wattle:

• Student work articulates legal reasoning in the form of written analysis
• Student work identifies, selects and applies appropriate legal principles of Torts law
• Student work synthesises and applies a range of legally specific methods to respond to a factually complex Torts problem
• Student work references, where appropriate, in accordance with AGLC conventions

Assessment Task 3

Group-work Assignment

Details of Task: This assignment partly exists (i) to ensure students' overall assessment is spread across tasks and time, and so does not turn only on a 100% final exam; and (ii) to afford opportunities for more interactive and group-based learning, given what research shows about the enhanced learning achieved in this way as well as given the expectations of employers of people holding a graduate law degree.

JD students are randomly assigned into groups drawn from their respective Tutorial. This is a group exercise to discuss, via a special online forum hosted on Wattle, a controversial case or issue allocated by the Convenor. The discussion forum is not 'live' (you are not required to engage and contribute at fixed times), but you are required to engage and contribute regularly over the weeks during which the exercise runs. You may want to meet in person before or after your weekly on-campus tutorial.

The group's task is broken up across this period. The interim task is for the group to attempt to reach consensus on a joint outcome about how its members believe a case or issue should have been decided, and the minutes of that discussion. The interim task must be completed for the group to be eligible for the final task. The final task (see 'Due Date') is to agree and submit a brief joint written report. The report states the 'decision outcome' of that discussion, the group's brief rationale for the decision outcome, and the group's response to up to five specific issues raised by the Convenor.

Full explanation and guidance on Task 2, including timing of the interim and final task, and a rubric on how performance will be assessed, will be made available Wattle.

Nature of Task: Compulsory and non-redeemable. This task has a 'hurdle' dimension for each student. Failure by any individual student to participate in a way that meets a threshold minimum level of meaningful and substantial engagement in the discussion forum for this task will result in a mark of zero for this task for that student, thought without affecting the group marks available to other group members whose engagement in the forum is sufficient to meet the minimum requirement.

Weighting: 15%

Release: 5pm, 27 March 2023. Students will be randomly placed into groups by the Convenor in Week 6 and will be able to begin communicating and working with each other online via each group's dedicated discussion forum on Wattle.

Word Limit: 600-800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 8 May 2023. Each group is required to submit a single document comprising the group's submission. Late submissions (without an extension) are permitted, but late penalties will apply. Although this is a group task, every individual within the group is required to submit individual requests for an extension (if required).

Estimated Return Date: 2 June 2023

Assessment Criteria: Task 3 is designed to enhance student competence in the following skills: case-law analysis and research, critical and analytical thinking, creative thinking, legal argument, working independently, working collaboratively, and written communication. Accordingly, you will be assessed with the following criteria:

• Student work identifies, frames and discusses relevant Torts issues arising from a decided case;
• Student work communicates clearly, accurately and persuasively in the context of complex legal issues.

A complete assessment rubric will be made available on Wattle.

Assessment Task 4

Final Examination

Details of Task: The final examination will consist of one hypothetical scenario problem question relating ONLY to the Negligence component of the course (Weeks 4 to 12). The Law of Trespass (Weeks 1-3) is NOT examinable in the final exam. There will be no choice of problem question. The problem question is in the style of tutorial questions, and the tutorials each week prepare one to answer such questions in exam conditions.

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

Weighting: 45%

Duration: 2.5 hours

Due Date: The examination will be held during the end-of-semester examination period . Students should consult the ANU examination timetable once finalised to confirm the date, duration and time of the on campus examination.

Estimated Return Date: Official end-of-semester results release date. 

Assessment Criteria:

• Student work articulates legal reasoning in the form of written analysis
• Student work identifies, selects and applies appropriate legal principles of Torts law
• Student work synthesises and applies a range of legally specific methods to respond to a factually complex Torts problem
• Student work references, where appropriate, in accordance with AGLC conventions

A complete assessment rubric will be made available on Wattle.

Assessment Task 5

Short Essay

Details of Task: An informal, blog-style analytical opinion essay of no more than 800 words, where the student analyses and engages with a question relating to an important or 'starred' case in this course. That case will be indicated to students by the end of Week 10, but the exact question that the essay should respond to will only be revealed in the question paper itself. Students will not require access to the full judgment text, only to the extract of the judgment as it appears in the prescribed case-book.

The short essay relates ONLY to the Negligence component of the course (Weeks 4 to 12). The Law of Trespass (Weeks 1-3) is NOT examinable for this task.

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

Weighting: 10%

Release: 5pm, 19 May 2023

Word Limit: 800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 22 May 2023. Due to the nature of the task, late submission is not permitted.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here . The College will give you one final opportunity to complete the assessment the following week from 5pm, 30 May 2023 to 5pm, 2 June 2023. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date. However you can apply for special consideration for your circumstances to be considered.

Estimated Return Date: Official end-of-semester results release date. Feedback for this task is not relevant to the preparation for the final exam.

Assessment Criteria: In doing this individual assessment piece you will have demonstrated the following assessment criteria:

• Student work articulates legal reasoning in the form of written analysis
• Student work identifies, selects and applies (and analyses or discusses, where relevant) appropriate legal principles of Torts law

A complete assessment rubric will be made available on Wattle.

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 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

No hardcopy submission is required for 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

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

All marks and feedback will be provided online by the return date listed in the class summary. 

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