Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course builds on the basic knowledge of the law of torts developed in Torts I, focusing in greater depth on particular problem areas within the law of negligence. It also introduces students to a further range of torts protecting personal interests and places the law of torts in context by examining principles of vicarious liability and alternative compensation schemes that exist for personal injury and death.
This course builds upon the basic understanding of the law of torts you developed in Torts I, where you were introduced to a range of different torts and covered the basic elements of the tort ofﾠnegligence in particular. Here, you deepen your understanding of the subject and to further develop and refine your problem-solving skills. The focus is on getting you to think more deeply and more critically about difficult cases and the moral and policy choices the law faces in them. ﾠ
The course is divided into 3 parts:ﾠ
Part 1 (‘Duty Problems in Negligence’), explores problem areas in the lawﾠof negligence, where establishing a duty of care is more complicated than in the standard case involving negligently occasioned physical injury. These problem cases involve psychiatric harm, omissions, public body liability and pure economic loss.ﾠ
Part 2 (The Protection of Reputation and Privacy), examines the way in which tort law protects individuals’ reputation and dignity through the tort of defamation and actions for the invasion of personal privacy. This is a controversial and still emerging area of the law and we ask how the law might be reformed to bring it up to date with modern societal needs.ﾠ
Part 3 (‘Context-Tort Law in Practice’)ﾠexamines the practical context within which tort law operates, identifying the principles according to which actions can be brought against employers for the torts of their employees, and alternative statutory compensation schemes to which accident victims can sometimes turn instead of using tort law.
Course requirements
Assumed background
It is most important that you have a clear, basicﾠunderstanding of the law of negligence from Torts 1, including knowledge of the proper approach to determining questions of duty, breach, causation and remoteness of damage in straightforward cases of personal injury and death, as well as of damages-calculation principles and the main defences to negligence claims. Youﾠshould also clearly understand the way in which theﾠCivil Liability Act 2003ﾠ(Qld) has modified basic common law principles in the field. Finally, you should have an idea of the key aims of tort law in the modern day and the moral and policy arguments that affect its practical operation.ﾠﾠﾠﾠﾠ
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS2702
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS1002 or LAWS1114
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Tutor
Dr Ruthie Jeanneret
Mr Max Crane
Mr Michael Chen
Mr Timothy Madigan
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
The aims of the course are to give students a clear understanding of the principles and legal policies governing liability in particular problem areas of the tort of negligence, to familiarise them with a broader range of torts concerned with the protection of privacy and reputation and to give them an appreciation of the wider context and practical application of tort actions. The course also aims to ensure that students engage with primary legal sources (through case-reading and use of statutes) and further develop and improve their problem-solving skills.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Identify key tort liability issues.
LO2.
Demonstrate knowledge and understanding of the rules and principles of tort law, including the primary sources of law (case authorities and statutory provisions).
LO3.
Demonstrate an understanding of the moral and policy values underpinning tort law.
LO4.
Engage in the evaluation and creative criticism of tort law and legal policy.
LO5.
Apply tort law effectively to solve unfamiliar problems.
LO6.
Communicate legal advice effectively in written English, observing appropriate professional conventions and legal citation practices.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Essay/ Critique |
Mid-Semester Take-Home Problem Solving Exercise
|
40% |
21/08/2024 5:00 pm |
| Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
Mid-Semester Take-Home Problem Solving Exercise
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 40%
- Due date
21/08/2024 5:00 pm
- Learning outcomes
- L01, L02, L03, L05, L06
Task description
This take-home problem-solving assessment will assess your understanding of Topics 1-3 of the Course (negligence liability for pure psychiatric harm, omissions and public body omissions) and your ability to give written advice in relation to an unfamiliar problem case within a limited timeframe. A problem-solving masterclass, containing tips on problem-solving techniques, common student errors and examples is available on-line via the blackboard site and should be studied during the first week of the course. You are advised to take advantage of this to assist you in preparing for the Assessment Exercise.
- Only Topics 1-3 (pure psychiatric harm, omissions and public body omissions) are assessable.
- The assessment will be released on-line, via blackboard at 8am on Monday 19th August. You have until 5pm on Weds 21st August to complete and submit it. Submission must be made electronically using the Turnitin system. You should write your answer as if it were a considered answer to an examination problem.
- You need not therefore provide full case citations, footnotes or a bibliography and you do not need to use the normal AGLC4 citation practices.
- Your answer must contain a certification that it is your own work, that you have not collaborated with any other person in respect of its completion and that no Artificial Intelligence technologies have been used in its production.
- The word limit is 1500 words including all titles and headings, but excluding the certification referred to in (4). All material in excess of the word count will be ignored and will receive no credit.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy .
Submission guidelines
Submit your answer in word format to the blackboard mid semester assessment submission folder by the stipulated deadline. All answers are required to be submitted using Turnitin. Your answer must include your certification that it exclusively your own work, has been completed without collaboration and has been produced without the use of Artificial Intelligence Technology.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal from the course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
The examination is an in-person, written examination. Any written or printed material is permitted in the exam. Material may also be annotated.
You must answer two compulsory questions out of three set. The questions set will be a mix of problem-solving and essay questions.
All questions carry equal weight.
All material on the course except Topics 1 to 3 (Pure Psychiatric Harm, Omissions and Public Body Omissions) is examinable.
This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI may constitute student misconduct under the Student Code of Conduct Policy .
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 12 |
Lecture |
Lectures The programme of lectures for this course are set out in the Course Learning Guide. This will be available on the course Blackboard site in due course. Lecture Topics are: 1. Psychiatric Harm 2. Omissions 3. Public Body Omissions 4. Economic Loss 1 —Introduction 5. Economic Loss 2 — Relational Economic Loss 6. Economic Loss 3 — Negligent Misstatements 7. Defamation 1 — Liability Basics 8. Defamation 2 — Defences 9. Invasions of Privacy 10. Vicarious Liability 11. Other Compensation Schemes 12. Revision Learning outcomes: L01, L02, L03, L04, L05, L06 |
Multiple weeks From Week 1 To Week 13 |
Tutorial |
Tutorials The tutorial topics are available on the Course Blackboard Site. There are 10 tutorials in this course, which begin in week 2. Tutorial topics are: 1. Psychiatric Harm 2. Omissions 3. Public Body Omissions 4. Economic Loss 1 —Introduction 5. Economic Loss 2 — Relational Economic Loss 6. Economic Loss 3 — Negligent Misstatements 7. Defamation 1 — Liability Basics 8. Defamation 2 — Defences 9. Invasions of Privacy 10. Vicarious Liability Learning outcomes: L01, L02, L03, L04, L05, L06 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: