Course coordinator
Professor Kit Barker
Please drop me an e-mail in advance if you wish to arrange a personal consultation. k.barker@law.uq.edu.au
Course overview
- Study period
- Semester 2, 2026 (27/07/2026 - 21/11/2026)
- 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 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 deciding them.
The course is divided into 3 broad parts:ﾠ
Part 1 (‘Duty Problems in Negligence’) explores problem areas in the law of 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 (‘Tort Law in Practice’) examines 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:
LAWS1700 + 1701 + 1702 + 2702
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS1114
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Professor Kit Barker
Tutor
Mr James Oczko
Ms Victoria Carmody
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
There are no classes during week beginning 24/8 (Week 5), to facilitate preparation for the in-semester examination during this week.
Aims and outcomes
Education Mission Statement
The mission of the School of Law is to educate you 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.
Identify the rules and principles of tort law, including the primary sources of law (case authorities and statutory provisions).
LO3.
Identify and critique the moral and policy values underpinning tort law.
LO4.
Engage in the evaluation and creative criticism of tort law and legalpolicy.
LO5.
Apply tort law effectively to solve unfamiliar problems and produce well-reasoned legal advice in areas of legal uncertainty.
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 |
|---|---|---|---|
| Examination |
In-Semester Examination
|
40% |
25/08/2026 3:40 pm |
| Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 7/11/2026 - 21/11/2026 |
Assessment details
In-Semester Examination
- Online
- Mode
- Written
- Category
- Examination
- Weight
- 40%
- Due date
25/08/2026 3:40 pm
- Other conditions
- Time limited.
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
This problem-solving exam 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 within a limited timeframe.
Only Topics 1-3 (pure psychiatric harm, omissions and public body omissions) are assessable.
The assessment will be conducted on-line, via Blackboard during the normal lecture period in the week beginning 24/8.
Students will have 1 hour to complete the exam, with a perusal time of 10 minutes. The exam will start at 2:30pm and finish at 3:40pm on Tuesday 25 August 2026.
You need not provide full case citations, footnotes or a bibliography and you do not need to use the normal AGLC4 citation practices.
The word limit for the exam is 1200 words including all titles and headings. All material in excess of the word count will be ignored and will receive no credit.
Assessment security
Open assessment: In this assessment you can use resources such as your notes, course materials, and other tools, including AI, while completing the task. The focus is not on memorising information, but on understanding, applying judgement, and demonstrating your own thinking.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 60 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open book examination - any written or printed material is permitted; material may be annotated |
| Exam platform | Other |
| Invigilation | Not invigilated |
Submission guidelines
The exam will be available via Blackboard.
Deferral or extension
You may be able to defer this exam.
Late submission
Exams submitted after the end of the submission time will incur a late penalty.
Penalties for late submission will apply to the total mark available for an examination unless a student can demonstrate that system and/or process issues beyond their control resulted in the late submission of the examination.
Additional information on late penalties for digital examinations can be found within the Examinations Procedure.
End-of-semester Examination
- Identity Verified
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
7/11/2026 - 21/11/2026
- Other conditions
- Time limited, Secure.
- 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.
Assessment security
Secure assessment: This assessment is designed to protect academic integrity and assess your understanding of course concepts. You must only use the approved materials and tools for this assessment task. Use of prohibited materials in this task may be investigated and treated as academic misconduct. See assessment instructions for more details.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open book examination - any written or printed material is permitted; material may be annotated |
| 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. |
Additional course grading information
A full statement of marking criteria and standards for each item of assessment will be provided to the students closer to the date of these assessments.
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
Library resources are available 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 13 |
Lecture |
Lectures The programme of lectures for this course is set out in the Course Learning Guide. This will be available on the Blackboard site in due course. Lecture Topics are: 1. Psychiatric Harm 2. Omissions 3. Public Body Liability 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 and Non-Delegable Duties 11. Other Compensation Schemes 12. Revision Learning outcomes: L01, L02, L03, L04, L05, L06 |
Tutorial |
Tutorials The tutorial topics are available on the 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 |
Additional learning activity information
Students are expected to complete tutorial tasks in advance for discussion in class.
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 for Students Policy and Procedure
- Recording of Teaching Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
Use of AI in Teaching:
The University is exploring careful and responsible ways to use approved AI tools to support learning and teaching at UQ. The course Blackboard site will have further information about how AI tools might be used in this course. Please be aware that it is possible that student work may be used with approved AI tools.
If you have questions about this, please consult the AI Student Hub and your Blackboard site and contact your Course Coordinator if you have any further questions.
School guidelines
Your school has additional guidelines you'll need to follow for this course: