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Course Outline

LAW202 Torts B

Course Coordinator:Teddy Henriksen (thenriks@usc.edu.au) School:School of Law and Society

2025Semester 2

UniSC Sunshine Coast

UniSC Moreton Bay

 Blended learning Most of your course is on campus but you may be able to do some components of this course online.

Please go to unisc.edu.au for up to date information on the
teaching sessions and campuses where this course is usually offered.

What is this course about?

Description

This course continues your introduction to the law of torts with emphasis on negligence. You will begin by examining the historical origins of negligence, the purposes of negligence and the tort reforms of the early 2000s. You will then examine the elements of the cause of action in negligence: duty of care; breach of duty; and causation. You will also study defences, vicarious liability, the assessment of damages, and a range of situations in which negligence is applicable including medicine/health, motor vehicle accidents, occupiers of land, employment, local or public authorities, and ‘lawyering’ .

How will this course be delivered?

Activity Hours Beginning Week Frequency
Blended learning
Learning materials – Online materials 1.5 hours each week 1.5hrs Week 1 12 times
Tutorial/Workshop 1 – On-Campus Tutorial 2hrs Week 2 10 times

Course Topics

  • Overview of negligence
  • Situating negligence
  • Duty of care
  • Breach
  • Causation
  • Defences to negligence
  • Calculation of damages
  • Established categories
  • Negligence in practice

What level is this course?

200 Level (Developing)

Building on and expanding the scope of introductory knowledge and skills, developing breadth or depth and applying knowledge and skills in a new context. May require pre-requisites where discipline specific introductory knowledge or skills is necessary. Normally, undertaken in the second or third full-time year of an undergraduate programs.

What is the unit value of this course?

12 units

How does this course contribute to my learning?

Course Learning Outcomes On successful completion of this course, you should be able to... Graduate Qualities Completing these tasks successfully will contribute to you becoming...
1 Demonstrate knowledge and critical understanding of the tort of negligence and the manner in which it has been modified by statute. Knowledgeable
2 Identify legal issues, apply legal reasoning and reach arguable conclusions in response to a broad range of events that reflect real life scenarios. Creative and critical thinker
Empowered
3 Demonstrate the research skills that are needed to be an effective lawyer. Empowered
4 Demonstrate the skills of organisation and time management to complete problems within a set time. Empowered
5 Demonstrate the ability to explain legal concepts and lead a discussion of peers. Engaged
6 Demonstrate effective communication skills. Empowered

Am I eligible to enrol in this course?

Refer to the UniSC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.

Pre-requisites

LAW201

Co-requisites

Not applicable

Anti-requisites

Not applicable

Specific assumed prior knowledge and skills (where applicable)

Not applicable

Microcredential Information

Not applicable

How am I going to be assessed?

Grading Scale

Standard Grading (GRD)

High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL).

Details of early feedback on progress

Early feedback on progress will be available in weekly hands-on tutorials, where students have an opportunity to present (and receive feedback on) responses to hypothetical advice scenarios and Task 2.

Assessment tasks

Delivery mode Task No. Assessment Product Individual or Group Weighting % What is the duration / length? When should I submit? Where should I submit it?
All 1 Quiz/zes Individual 10% 
20 questions
 Week 4 Online Test (Quiz)
All 2 Written Piece Individual 25% 
1250 words maximum, no minimum word limit
 Week 8 Online Assignment Submission with plagiarism check
All 3 Oral Individual 15% 
5 minute presentation
 Week 12 Online Submission
All 4 Examination - Centrally Scheduled Individual 50% 
3 Hours
 Exam Period Online Assignment Submission with plagiarism check
All - Assessment Task 1:Negligence Quiz
Goal: 
The goal of this assessment is to assess your understanding of the material covered in weeks 1 to 3.
Product: Quiz/zes
Authorship Statement:
Format: 
20 questions. This is an individual online assessment. Multiple Choice Questions, 60 minute time limit.
Criteria:
No. Learning Outcome assessed
1 
Correct answers to quiz questions.
 1 2
Generic Skills: 
Problem solving, Organisation, Information literacy
All - Assessment Task 2:Legal Advice
Goal: 
The goal of this assessment is to assess your understanding of tort law and your ability to provide sound legal advice to a legal problem from a hypothetical factual scenario.
Product: Written Piece
Authorship Statement:
Format: 
Written legal advice in response to a hypothetical scenario made available in week 5 of semester
Criteria:
No. Learning Outcome assessed
1 
Application of law, principles and knowledge
 1 2
2 
Critical thinking, analysis and reasoning
 3
3 
Structure and writing
 4 5
4 
Presentation and referencing
 4 5
5 
Communication
 6
Generic Skills: 
Communication, Problem solving, Organisation, Information literacy
All - Assessment Task 3:Oral Video-Recorded Feedback
Goal: 
The goal of this assessment is to assess your ability to reflect on your learning by addressing feedback provided to you on your task 2 assessment.
Product: Oral
Authorship Statement:
Format: 
Recorded oral presentation uploaded into Canvas
Criteria:
No. Learning Outcome assessed
1 
Application of law, principles and knowledge
 1 2
2 
Critical thinking, analysis and reasoning
 3
3 
Presentation and referencing
 4 5
4 
Communication
 6
Generic Skills: 
Communication, Problem solving, Organisation
All - Assessment Task 4:Invigilated Final Examination
Goal: 
The goal of the examination is to assess your understanding of the legal concepts that have been introduced in this course and your ability to apply that understanding to hypothetical factual situations.
Product: Examination - Centrally Scheduled
Authorship Statement:
Format: 
Online examination held during the exam period. This assessment task is an online, open-book and invigilated exam. You will be required to attend a live Zoom session throughout the duration of the exam and need access to a working computer, a stable internet connection, and a webcam. Examination answers must be completed and submitted within the allotted time to the online submission point.
Criteria:
No. Learning Outcome assessed
1 
Correct identification of the relevant legal issues within a factual scenario
 1 2 3 4
2 
Appropriate and accurate application of correct principles of law derived from statute and/or case law to the factual scenarios
 1 2 3
3 
Appropriate conclusion of appropriate advice for the fictitious ‘client’ or other identified candidate
 1 2 3 4 5
Generic Skills: 
Problem solving, Organisation, Information literacy

Directed study hours

A 12-unit course will have total of 150 learning hours which will include directed study hours (including online if required), self-directed learning and completion of assessable tasks. Student workload is calculated at 12.5 learning hours per one unit.

What resources do I need to undertake this course?

Please note: Course information, including specific information of recommended readings, learning activities, resources, weekly readings, etc. are available on the course Canvas site– Please log in as soon as possible.

Prescribed text(s) or course reader

You need regular access to the resource(s) below. Many texts are available as ebooks through the Library at no additional cost.

Required? Author Year Title Edition Publisher
Required Kyriakakis et al 2024 Contemporary Australian Tort Law 2 Cambridge University Press

Specific requirements

Students are expected to read cases, articles and legislation as directed.

How are risks managed in this course?

Health and safety risks for this course have been assessed as low. It is your responsibility to review course material, search online, discuss with lecturers and peers and understand the health and safety risks associated with your specific course of study and to familiarise yourself with the University’s general health and safety principles by reviewing the online induction training for students, and following the instructions of the University staff.

What administrative information is relevant to this course?

Assessment: Academic Integrity

Academic integrity is the ethical standard of university participation. It ensures that students graduate as a result of proving they are competent in their discipline. This is integral in maintaining the value of academic qualifications. Each industry has expectations and standards of the skills and knowledge within that discipline and these are reflected in assessment.

Academic integrity means that you do not engage in any activity that is considered to be academic fraud; including plagiarism, collusion or outsourcing any part of any assessment item to any other person. You are expected to be honest and ethical by completing all work yourself and indicating in your work which ideas and information were developed by you and which were taken from others. You cannot provide your assessment work to others. You are also expected to provide evidence of wide and critical reading, usually by using appropriate academic references.

In order to minimise incidents of academic fraud, this course may require that some of its assessment tasks, when submitted to Canvas, are electronically checked through Turnitin. This software allows for text comparisons to be made between your submitted assessment item and all other work to which Turnitin has access.

Assessment: Additional Requirements

Eligibility for Supplementary Assessment

Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:
(a) The final mark is in the percentage range 47% to 49.4%; and
(b) The course is graded using the Standard Grading scale

Assessment: Submission penalties

Late submissions may be penalised up to and including the following maximum percentage of the assessment task’s identified value, with weekdays and weekends included in the calculation of days late:
(a) One day: deduct 5%;
(b) Two days: deduct 10%;
(c) Three days: deduct 20%;
(d) Four days: deduct 40%;
(e) Five days: deduct 60%;
(f) Six days: deduct 80%;
(g) Seven days: A result of zero is awarded for the assessment task.

The following penalties will apply for a late submission for an online examination:
Less than 15 minutes: No penalty
From 15 minutes to 30 minutes: 20% penalty
More than 30 minutes: 100% penalty

Links to relevant University policy and procedures

For more information on Academic Learning & Teaching categories including:

  • Assessment: Courses and Coursework Programs
  • Review of Assessment and Final Grades
  • Supplementary Assessment
  • Central Examinations
  • Deferred Examinations
  • Student Conduct
  • Students with a Disability

For more information, visit https://www.usc.edu.au/explore/policies-and-procedures#academic-learning-and-teaching

Student Charter

UniSC is committed to excellence in teaching, research and engagement in an environment that is inclusive, inspiring, safe and respectful. The Student Charter sets out what students can expect from the University, and what in turn is expected of students, to achieve these outcomes.

General Enquiries

  • In person:
    • UniSC Sunshine Coast - Student Central, Ground Floor, Building C, 90 Sippy Downs Drive, Sippy Downs
    • UniSC Moreton Bay - Service Centre, Ground Floor, Foundation Building, Gympie Road, Petrie
    • UniSC SouthBank - Student Central, Building A4 (SW1), 52 Merivale Street, South Brisbane
    • UniSC Gympie - Student Central, 71 Cartwright Road, Gympie
    • UniSC Fraser Coast - Student Central, Student Central, Building A, 161 Old Maryborough Rd, Hervey Bay
    • UniSC Caboolture - Student Central, Level 1 Building J, Cnr Manley and Tallon Street, Caboolture
  • Tel:+61 7 5430 2890
  • Email:studentcentral@usc.edu.au
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