Tort Law is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. The subject focuses on the elements of liability in the tort of negligence, including duty of care, breach of duty, damages, and defences to liability. Attention is also paid to the general issue of the balance of risk and benefit in establishing liability and to particular problems associated with establishing a duty of care in negligence. Emphasis is placed on the development of legal research and reasoning skills.
|Academic unit:||Faculty of Law|
|Subject title:||Tort Law|
Delivery & attendance
|Prescribed resources:|| |
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Students must be admitted into an approved Bachelor Law degree OR Bachelor of Laws combined degree OR be an approved Law Study Abroad OR Law Exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Demonstrate understanding of the following legal topics: the fundamental elements of the tort of negligence; the assessment of tort damages; and the role of negligence within the system of accident compensation as a whole.
- Demonstrate competency in exercising the following skill at an intermediate level, with creativity, initiative and judgment: legal research and reasoning.
- Adhere to the highest standards of professionalism, including a commitment to: learning and working independently and reflectively; behaving ethically and responsibly; and managing time effectively and meeting deadlines.
|Class Participation||Class participation may consist of in class presentation, video assessment and/or online activities.||15%||Ongoing||1, 2, 3.|
|Written Research Exercise||Skills Assessment - Legal research and reasoning||25%||Week 7||1, 2, 3.|
|Paper-based Examination (Open)||End of Semester Examination||60%||Final Examination Period||1, 3.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
This lecture will provide an overview of the tort of negligence and the general principles involved in personal injury compensation. We will also briefly consider alternative compensation schemes.
This lecture will focus on the element of duty of care. In this lecture we will consider a number of established categories of duty, clarify the scope of those duties, and distinguish those duties from novel duties.
This lecture will examine the principles involved in determining a breach of duty.
This lecture will further examine the principles involved in determining a breach of duty.
This lecture will examine the principles governing factual causation in negligence - that is, the requirement that the defendant's breach of duty be a necessary condition of the plaintiff's harm.
This lecture will focus on the scope of the defendant's liability for the plaintiff's harm, with a focus on intervening acts and remoteness of damage.
This lecture will examine certain of the defences available to a claim in negligence, including contributory negligence and voluntary assumption of risk.
This lecture will examine the defence of dangerous recreational activity and other statutory defences.
This lecture will examine topics in negligence that raise particular complexities, especially in establishing novel duties of care. We will focus on the categories of pure omissions and problematic kinds of harm, in particular, mental harm.
This lecture will examine the general principles that govern the assessment of damages in tort.
This lecture will further examine the general principles that govern the assessment of damages in tort. This lecture will also outline the general principles that govern concurrent liability.
This lecture will revisit some of the themes of the course with a view to critically examining the effectiveness of the tort of negligence as a means of providing injury compensation, and will also revise the course as a whole.