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.

Examination Material or equipment

Information on what to expect during an examination

Required Resources

Essential: 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 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 have a copy. You may use this book during the end-of-semester exam and other assessment tasks. New hard (paper) copies are available for purchase at the campus bookshop (Harry Hartog at Kambri and their website for online purchase) and individual electronic copies can also be purchased from the publisher. Second-hand copies may be available for sale through student and other networks. The ANU Law Library has access to some reserved hard copies of this case-book (may not be removed from the ANU Law Library, and may be in use by other students on reserve).

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 recommend 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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

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

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

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.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introductory Lecture (Trespass)	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	Lectures (Trespass) + Tutorial
3	Lectures (Trespass) + Tutorial	Optional 0% online quiz with feedback
4	Lectures (Negligence) + Tutorial	30% Mid-semester Problem Question released
5	Lectures (Negligence) + Tutorial	Guided Self-Study Module on Damages released on Wattle
6	Lectures (Negligence) + Tutorial discussion on the self-study module on Damages	30% Mid-semester Problem Question due
7	Lectures (Negligence) + Tutorial discussion on the self-study module on Damages
8	Lectures (Negligence) + Tutorial discussion on the self-study module on Damages	10% Individual Case Study Question based on the self-study module released
9	Lectures (Negligence) + Tutorial	10% Individual Case Study Question based on the self-study module due
10	Lectures (Negligence) + Tutorial
11	Lectures (Negligence) + Tutorial
12	Lectures (Negligence; Revision) + Revision Tutorial

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the. My Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Optional Quiz	0 %	*	*	1,2,3
Mid-semester Problem Question	30 %	02/04/2024	29/04/2024	1,2,4
Individual Case Study based on the Self-Study Module	10 %	29/04/2024	20/05/2024	1,2,5
Final Examination	60 %	*	*	1,2,4,5
Compulsory Tutorial Attendance	0 %	*	*	1,2,3,4,5,6.

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills website. 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)

Examinations are held during the University's examination period. Students are to consult the exam timetable when it has been finalised.

Assessment Task 1

Online Optional Quiz

Details of Task: Optional online quiz to be taken on Wattle. The topics covered in this assessment is only from weeks 1 to 3 on Trespass.

Nature of Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 5pm, 7 March 2024

Due Date: The optional online quiz will remain open until the end of Week 6.

Estimated Return Date: Results are available immediately upon completion.

Assessment Criteria: This task is marked automatically according to accuracy of understanding of course content.

Assessment Task 2

Mid-semester Problem Question

Details of Task: This is an individual assessment. 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. The topics covered in this assessment is only from weeks 1 to 3 on Trespass. You are expected to digest the materials/cases as discussed in the lectures, tutorials, assigned book and wattle page. While extra materials are encouraged, this, however, is not necessary as this is not a research assignment. Paragraphing is important, articulate your points in paragraphs.

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

Weighting: 30%

Release: 5pm, 14 March 2024

Word Limit: 1,800 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. Footnote references do not count within your word count. All references should be compliant with the current edition of the Australian Guide to Legal Citation. You can access AGLC here .Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 2 April 2024 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 29 April 2024. 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

Individual Case Study based on the Self-Study Module

Details of Task: This is an individual assessment. This assessment is based on the self-study module, which will be released on week 5. The module is on Damages, a remedy available under Torts. Students are expected to watch the videos and read the materials provided on the Wattle page. Subsequently, in the coming tutorials, the tutors will guide the discussion on the materials on Damages using cases and hypothetical problematic questions. Please note that while this is an individual case study, the assessment is based on the group discussions in the assigned weeks. Students are expected to digest the materials posted on the Wattle page before coming to the respective tutorials; please come to class prepared. Students are also expected to engage and contribute regularly during the tutorials in the assigned weeks. The topic covered in this assessment is only from guided self-study modules on the topic on Damages. Students are expected to derive their answer from the discussions in tutorials in the assigned weeks. You are expected to digest the materials/cases as discussed in the lectures, tutorials, assigned book and wattle page. While extra materials are encouraged, this, however, is not necessary as this is not a research assignment. Paragraphing is important, articulate your points in paragraphs.

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

Weighting: 10%

Release: 5pm, 22 April 2024. However, students should note that the self-study modules will be released on Wattle on week 5.

Word Limit: 700 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. Footnote references do not count within your word count. All references should be compliant with the current edition of the Australian Guide to Legal Citation. You can access AGLC here . Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 29 April 2024 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 20 May 2024

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: 60%

Due Date: 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

Compulsory Tutorial Attendance

Details of Task: There is a minimum attendance requirement for the tutorials. A roll will be taken at the beginning of each class. Students are responsible to ensure that their attendance is recorded.

Students must attend 10 of the 12 tutorials between weeks 1 – 12.

Weighting: Failure to attend 10 of 12 tutorials without documented special circumstances will result in 5% being deducted from students overall mark for the course.

Due Date: Ongoing. 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 tutorial.

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 tutorial;
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 the course 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. 

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 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

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

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 Access 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 all ANU students