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

Research-Led Teaching

Dr Gligorijevic's current research projects include the following areas: the moral right to freedom of expression; judicial power, democratic accountability, and the royal prerogative; a tort of interference with privacy for Australia; and the function of parliamentary privilege. Until recently she was a researcher at the Centre for Intellectual Property and Information Law at Cambridge, where she conducted research into the free speech implications of the EU General Data Protection Regulation (‘GDPR’).

Dr. 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.

Required Resources

This is the prescribed work for this course:

H Luntz, D Hambly, K Burns, J Dietrich, N Foster, G Grant, S Harder Torts: Cases and Commentary (8th ed, LexisNexis, 2017)

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 copies are available for purchase at the bookshop on campus (Kambri), and new and used copies are typically available for purchase online and by other means.

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, especially the prescribed Luntz & Hambly, are placed on Reserve in the Law Library.

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

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 (Trespass)
2	Lectures (Trespass)	Optional 0% online quiz
3	Lectures (Trespass) + Tutorial	10% online quiz Grouping and commence group-work (due Week 6)
4	Lectures (Negligence) + Tutorial
5	Lectures (Negligence) + Tutorial
6	Lectures (Negligence) + Tutorial	Group-work due
7	Lectures (Negligence) + Tutorial	Individual reflection on group-work due Mid-Semester problem question released
8	Lectures (Negligence) + Tutorial
9	Lectures (Negligence) + Tutorial	Mid-Semester problem answer due
10	Lectures (Negligence) + Tutorial
11	Lectures (Negligence) + Tutorial
12	Lectures (Negligence; Revision) + Revision Tutorial

Tutorial Registration

Tutorials are smaller-group interactive sessions, in addition to large-group lectures, that give you an opportunity to learn how to apply your knowledge to identify and solve legal problems. The tutorial system is a unique opportunity to enhance your learning: preparation for, attendance at and participation in tutorials is integral to the learning experience in this course. Moreover, the tutorial process (applying legal principles to new factual scenarios so as to identify and 'resolve' a hypothetical legal problem) is directly related to mid-semester and end-semester assessment tasks and exam: engaging with tutorial problems before and during the tutorial sessions are the best pre-assessment practice possible. Tutorial groups are fully explained on the Wattle page materials.

Students in LAWS1203 must attend at least 7 of the 10 tutorials scheduled in this course (see 'Assessment').

Tutorials are 1 hour in duration, and held every week for 10 weeks commencing in week 3 of the semester.

You need to sign up to a tutorial group as early as possible. Places in each tutorial are limited: students must secure a place by enrolling in a tutorial group, as fits the rest of their ANU timetable. Students may not attend other tutorial groups (including due to space constraints) and will be marked absent if they do not attend their chosen group (unless permitted by the convenor under ANU policy around medical and other contingencies). The Wattle page hosts a forum for students to engage with each other to propose or agree on a swap of tutorial groups, provided that they then inform the convenor. No swaps are possible after 3 March 2020 at 5pm. Thank you for your patience and understanding in terms of tutorial enrolment, which involves the varying timetables of many students and you may not obtain your preferred time-slot.

Tutorial enrolment will open on the course WATTLE site at 1:00pm on Monday 10 February 2020 (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 28 February 2020.

*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
Online quiz (Trespass)	10 %	12/03/2020	13/03/2020	1,2,3
Mid-Semester Assignment	10 %	14/04/2020	11/05/2020	2
Reflection	10 %	28/04/2020	11/05/2020	1,2,4,5
Problem Scenario	20 %	11/05/2020	25/05/2020	1,2,4,5
Final Take Home Examination	50 %	*	*	1,2,4,5
Tutorial Participation	0 %	*	05/06/2020

* 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. 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

There is no assessment of participation in this course. However, note elsewhere on this course guide that there is a mark penalty for insufficient tutorial attendance.

Examination(s)

This course will include a take-home examination. Please note that the date in the assessment summary is indicative: students should confirm the date and time when the Examinations timetable is released.

Assessment Task 1

Online quiz (Trespass)

Details of Task: This comprises an online quiz, a mix of 'true / false' and multiple choice questions on the law of trespass.

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 the course, to check their level of understanding of the subject and to obtain some feedback. Students will have an opportunity in Week 2 to do an optional, 0% (not assessed) online quiz to get a 'feel' for the format before doing this Task 1 10% quiz in Week 3.

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

Weighting: 10%

Release: The quiz will be released in Week 3 (Thursday 12 March at 12:00pm noon) on Wattle.

Due date: The quiz will be closed in Week 3 (Friday 13 March at 17h00 (5pm)) on Wattle. Late submission is not accepted for this task.

Estimated return date: The student automatically receives feedback if a question is answered incorrectly, but may only view that outcome and feedback after the quiz has closed.

Assessment Criteria: In a quiz format, answers are either correct or incorrect (see above).

Assessment Task 2

Mid-Semester Assignment

Task 2, the mid-semester 40% assessment, requires students to engage with legal problem-solving, pursuant to the course ‘learning outcomes’.

The mid-semester assignment partly exists so that students' overall assessment does not turn only on a 100% final exam, partly to afford opportunities for both group-based and self-reflective learning, and partly to enable feedback on an assessed piece or pieces of student performance before the final exam. It is broken into three parts so that students are assessed across a range of pieces of work, not a single 'all or nothing' piece.

The mid-semester thus comprises THREE (3) tasks, here indicated as '2a', '2b', and '2c', and explained in both the course introduction video and further on Wattle.

This comprises 1 x group-work assessment ('2a'), and 2 x individual assessments ('2b' and '2c') that are related to the group-work task. Again, the Wattle site will contain more information and guidance.

2a. From Week 3, students will be placed into sub-groups of 3 to 5 (from within their wider tutorial group). The group's task is to work together to create a factual narrative (like a hypothetical tutorial problem) which embeds within it, as 'live' legal issues, some Torts law principles explored in the course in Weeks 1 to 5 (Trespass, and the early parts of Negligence). Students will have experienced in tutorials at least 3 examples of factual problems before the submission date, in order to guide them on the nature of this task. Group-based teamwork creativity, discussion and drafting skills are highly prized by employers and students need to become comfortable with this format early in their studies. The interactivity with others and the need to understand legal principles in order to try to 'hide' them within some hypothetical facts also helps to reinforce learning about the substantive law.

2b. Students will write and submit an individual rationale piece in which they explain their own understanding of how the group problem question narrative that they were involved in (Task 2a) engages with various Torts principles. This reflection enhances the learning experience in Task 2a.

2c. The convener will select two narratives from across the cohort and draft two conventional Torts problem questions based on these. As an individual assignment, each students must select one of these narratives and analyse it, using their new-found skills and knowledge of the law in this area to identify the Torts law issues arising on the facts, identify and explain the applicable legal principles and the source of their authority, and apply these principles to the facts in order to offer an opinion of the likely outcome should the dispute come before a court.

The timeframe of the three tasks in this assignment requires students to focus their efforts and to apply their teamwork, research, analytical and writing skills efficiently and effectively.

A. Task 2a

Details of Task: Group exercise in drafting the hypothetical facts giving rise to a legal problem/s in Torts law (up to end of week 5). Further guidance will be available on Wattle.

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

Weighting: 10%

Release: n/a. Students will be placed into groups (sub-groups of their Tutorial Group) from Week 3 and will be able to begin working with each other, meeting online and/or in person.

Due date: Tuesday 14 April 2020 at 17h00 (5:00pm) via Turnitin on the course Wattle site. (See below for online submission details). Late submissions (without an extension) are permitted, although 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. 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.

Word limit: 800 words

Estimated return date: 11 May 2020 via Wattle

Assessment Criteria:

The mid-semester assignment overall (Task 2a, b and c) is designed to enhance student competence in the following skills: case-law analysis and research, legal problem-solving, critical and analytical thinking, creative thinking, legal argument, working independently, working collaboratively, and written communication. Accordingly in doing this group task (2a) you will have demonstrated the following assessment criteria:

• Student work identifies and frames torts issues within hypothetical scenarios
• Students’ work communicates a complex hypothetical narrative

An assessment rubric for this assignment will be available on the Wattle page after Week 3.

Assessment Task 3

Reflection

B. Task 2b

Details of Task: Individual written task where students reflect upon and explain their own understanding of how the particular group problem-question drafting exercise that they were involved in engages with various Torts legal principles. Further guidance will be available on Wattle.

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

Weighting: 10%

Due date: Tuesday 28 April 2020 at 17h00 (5:00pm) via Turnitin on the course Wattle site. (See below for online submission details). Late submissions (without an extension) are permitted, although 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. 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.

Word limit: 500 words

Estimated return date: 11 May 2020 via Wattle

Assessment Criteria: See 2a above. In doing this individual task you will have demonstrated the following assessment criteria:

Student work articulates legal reasoning in the form of written analysis

Student work identifies and explains the context for some 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

An assessment rubric for this assignment will be available on the Wattle page after Week 3.

Assessment Task 4

Problem Scenario

C. Task 2c

Details of Task: In response to a hypothetical problem scenario produced by the Convenor, 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 this task will result in a 0 for this task.

Weighting: 20%

Release: 20 April 2020 at 12pm noon on Wattle.

Due date: Monday 11 May 2020 at 17:00 (5:00pm) via Turnitin on the course Wattle site. (See below for online submission details). Late submissions (without an extension) are permitted, although 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. 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.

Word limit: 1200 words

Estimated return date: Week 11 via Wattle

Assessment Criteria: See 2a above. 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 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

An assessment rubric for this assignment will be available on the Wattle page after Week 3.

Assessment Task 5

Final Take Home Examination

Details of Task: The final examination will consist of one hypothetical legal problem question relating to content taught in the negligence component of the course. There will be no choice of question. The trespass component of the course is not examinable in the final exam.

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

Weighting: 50%

Duration: 2 hours

Date: TO BE CONFIRMED.

Please NOTE: 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 examination timetable when it has been released.

Word limit: n/a

Estimated return date: After release of final results via Wattle

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 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

An assessment rubric for this exam will be available on the Wattle page before the exam period commences.

Assessment Task 6

Tutorial Participation

Details of the Task: The tutorial system is a unique opportunity to enhance your learning and approach assessment tasks, and attendance at tutorials is integral to the learning experience in this course, both in terms of engaging with the substantive law and in terms of developing problem-solving and other skills of a more generic nature, including in a smaller-group context. Tutorial groups are fully explained on the Wattle page. Students must contribute to at least 3 of final 6 tutorial sub-group discussions.

Nature of Task: Compulsory. Failure to contribute to at least 3 of final 6 tutorial sub-group discussions will result in a 5 mark penalty for the course.

Weighting: 0%. Failure to contribute to at least 3 of final 6 tutorial sub-group discussions will result in a 5 mark penalty for the course (5 out of the overall 100 marks for this course).

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 of assignments in this course

Late Submission

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 at all 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 or online quiz.

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 Task 1 has automatically generated feedback. Return of Task 2 will be via the Wattle platform. Task 3 is an exam and returned via Wattle.

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

Assignments must be submitted in the manner prescribed in this course summary.

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