Unit rationale, description and aim

This unit explores a core area of private law: Tort Law. The Law of Torts deals with a range of non-contractual civil wrongs, including negligence, trespass to land or chattels, and nuisance. Its principal focus is on the law of negligence., which includes the duty of care it imposes, breach of that duty, damage, causation, defences and remedies. The discussion will draw on both common law and statutory law, the latter of which has been increasingly important in the development of tort law in Australia. 

2025 10

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  • Semester 1Campus Attendance
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  • Term Mode
  • Semester 1Multi-mode

Prerequisites

LAWS104 Foundations of Law and Legal Research

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Describe and critically evaluate the law relating ...

Learning Outcome 01

Describe and critically evaluate the law relating to Torts Law in Australia
Relevant Graduate Capabilities: GC1, GC8, GC12

Apply the law to factual situations and have an un...

Learning Outcome 02

Apply the law to factual situations and have an understanding of essential tort principles regarding rights and obligations in those situations
Relevant Graduate Capabilities: GC2, GC11

Compare and contrast Australian law with that in o...

Learning Outcome 03

Compare and contrast Australian law with that in other jurisdictions and evaluate its effectiveness
Relevant Graduate Capabilities: GC7, GC9

Content

Topics will include:

  1. The nature of the Law of Torts and compensation schemes
  2. Negligence: duty of care, breach of duty of care, damage and causation
  3. Defences to Negligence
  4. Damages
  5. Trespass
  6. Nuisance

Assessment strategy and rationale

The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.  

The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.  

To pass the unit, students must achieve at least 50% of the total marks, including all three assessment items. 


Overview of assessments

Assignment 1: Communication and Engagement. Stu...

Assignment 1: Communication and Engagement.

Students are required to participate in a minimum of 8 out of 12 skills-based tutorials, in recognition that the development of skills in locating, referencing and analysing research materials is assisted by attendance and participation in weekly tutorials. A rubric will be utilised for this assessment.

Weighting

20%

Learning Outcomes LO1, LO2, LO3
Graduate Capabilities GC1, GC2, GC7, GC8, GC9

Assignment 2: Critical Analysis Students are re...

Assignment 2: Critical Analysis

Students are required to demonstrate their ability to critically evaluate a topic or legal problem associated with the Law of Torts. This assessment may take the form of a research essay, a letter of advice, a presentation, or another appropriate evaluation. A rubric will be utilised for this assessment.  

Weighting

30%

Learning Outcomes LO1, LO2, LO3
Graduate Capabilities GC1, GC2, GC7, GC8, GC9

Assessment 3: Final Examination This assessment ...

Assessment 3: Final Examination

This assessment recognises the need for developing skills to work through and provide a legal solution to a given legal problem within the time frame of the examination period. Exam will be completed online via Canvas.

Weighting

50%

Learning Outcomes LO1, LO2, LO3
Graduate Capabilities GC1, GC2, GC7, GC8, GC9

Learning and teaching strategy and rationale

Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.  

Duration: 4 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit. 

 

This level two specified Law unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.  

Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.  

The unit is designed to be delivered in intensive, weekly or online mode. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.   

Representative texts and references

Representative texts and references

•       Jason Veruhas et al, Balkin & Davis Law of Torts (LexisNexis, 6th ed, 2021)

•       Carolyn Sappiden et al, Fleming’s The Law of Torts (Thomson Reuters, 2024)

•       Joanna Kyriakakis et al, Contemporary Australian Tort Law (Cambridge, 2nd ed, 2024)

•       Martin Davies, Ian Malkin and Tania Voon, Focus Torts (LexisNexis, 10th ed, 2024)

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

•       Carolyn Sappideen, John Eldridge and Prue Vines, Torts: Commentary and Materials (Thomson Reuters, 13th ed, 2021)

•       Bernadette Richards and Melissa de Zwart, Torts Law Principles (Thomson Reuters, 2nd ed, 2016)

•       Keith N Hylton, Tort Law: A Modern Perspective (Cambridge, 2016)

•       Amanda Stickley, Australian Tort Law (LexisNexis, 4th ed, 2016)

•       Tim Paine, Torts (LexisNexis, 6th ed, 2023)

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