LAW5003 Unit guide PDF

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Unit guide for LAW5003...

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Unit Guide 

LAW5003 Principles of torts Trimester 2, 2018   Handbook link: http://monash.edu.au/pubs/2018handbooks/units/LAW5003.html

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Table of contents Unit handbook information

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Synopsis

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Mode of delivery

4

Workload requirements

4

Unit relationships

4

Prerequisites

4

Prohibitions

4

Co-requisites

4

Chief Examiner(s)

4

Lecturer Academic overview Learning outcomes Unit schedule

5 5 5 5

Teaching approach

6

Assessment summary

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Suggested grading descriptors for postgraduate assignments and take-home exams

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Assessment requirements

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Assessment tasks

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Examination

9

Extensions and special consideration

9

Unit discontinuation dates

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Resubmission of assignments

11

Referencing requirements

11

Assignment submission

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Academic Integrity

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Warning about consequences of disciplinary actionfor Law students

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Feedback to you

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Your feedback to us

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Previous student evaluations of this unit Required resources Other information

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Policies

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Student Academic Integrity Policy

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Special Consideration

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Graduate Attributes Policy

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Student Charter

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Student Services

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Monash University Library

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Disability Support Services

15

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Unit handbook information Synopsis This unit introduces students to the law of civil wrongs (torts), including the role and purposes of tort law, the interests which it protects, and its relationship to statutory schemes which provide compensation for injury or loss. Students begin with selected intentional torts (trespass to the person, assault and battery, false imprisonment, trespass to land) and the strict liability tort of private nuisance, including elements and defences. Students then study the tort of negligence; its development, the elements of the tort and the various contexts in which it arises, the types of harms that are compensable, defences, the assessment of damages; concurrent liability and contribution by multiple wrongdoers, the particular problems raised by negligently caused mental harm and pure economic loss, and the concept of vicarious liability. Students will examine the impact of statutory law reform, in particular the civil liability reforms, on torts law, and broader policy debates about how civil wrongs should be redressed and injuries and losses compensated.

Mode of delivery Melbourne City (On-campus)

Workload requirements Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Unit relationships Prerequisites LAW5000

Prohibitions None

Co-requisites None

Chief Examiner(s)

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Name: Name:MrLloydEngland -- CE, Stream 2 & 3 Campus: Clayton Phone: +61 3 990 57239 Email:[email protected] Consultation hours: By appointment

Lecturer Name: Mr Nilo Vijayalingam -- Stream 1 Campus: Clayton Phone: Email: [email protected] Consultation hours: By appointment

Academic overview Learning outcomes On completion of this unit students will be able to: 1. critically evaluate the role and effectiveness of torts law in redressing civil wrongs, and its relationship with statutory schemes of compensation; 2. demonstrate the intellectual and practical skills needed to interpret legal conclusions and professional decisions, including assessment of recent developments in tort law; 3. identify, research, evaluate and synthesise legal and policy issues in tort law; 4. demonstrate cognitive and creative skills in generating appropriate and reasoned responses to legal problems; 5. communicate effectively, appropriately and persuasively on issues of tort law; and 6. learn and work with autonomy, accountability and professionalism, including through use of feedback to improve their professional development.

Unit schedule For units with on-campus classes, teaching activities are normally scheduled to start on the hour (teaching will commence on the hour and conclude 10 minutes prior to the scheduled end time).

Week

Activities

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Introduction and Trespass to the Person 1

Assessment

5

Week

Activities

2

Trespass to the Person II

3

Trespass to the Person III

4

Protection of Land

5

Negligence: Duty of Care - General Principles and Pure Economic Loss

6

Negligence: Duty - Mental Harm

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Negligence: Breach of Duty

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Negligence: Causation and Remoteness

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Negligence: Defences

10

Negligence: Consolidating the Tort and Damages

11

Vicarious Liability

12

Revision

Assessment

Unit Assessment due Friday 22nd June 2018 by 4 pm

SWOT VAC Examination Period

Teaching approach The classes will be conducted in seminar style based upon readings and materials set out in the Reading Guide. Students will be expected to read prescribed materials and/or relevant class exercises in advance and generally be prepared to participate in class discussion. The course is taught over 12 weeks. It is the student's responsibility to be familiar with the material to be covered in each class prior to the class. The seminars will not cover information that can be found from a straightforward reading of the materials. The goal of the seminars is to illuminate and explore the issues raised by the prescribed material.

Assessment summary 1. Research assignment (case focused assessment, such as a case note - 3000 words): 40%; and 2. Examination (2 hours plus 30 minutes reading and noting time): 60%

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Assessment task

Value

Due date

Research assignment

40%

Friday 22 June 2018 by 4 pm

Examination

60%

To be advised

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Suggested grading descriptors for postgraduate assignments and take-home exams Marking criteria

Outstanding (HD)

Very Good (D)

Good (Credit)

Satisfactory (Pass)

Unsatisfactory (Fail)

1. Knowledge & Understanding of the Topic

Very thoroughlyresearched, effective use of materials; comprehensive identification and discussion of issues

Well researched, appropriate use of materials; good identification and discussion of issues

Competently researched, good use of materials; majority of relevant issues identified and discussed.

Some relevant materials overlooked; some use of research materials; possibly some misunderstanding of issues or materials

Limited research, relevant materials overlooked or misunderstood; failure to identify and discuss relevant issues

2. Analysis & Argument

Thorough analysis, deals effectively with complexity of issues; persuasively argued throughout, contrary arguments anticipated, good critical evaluation of materials

Good analysis, argument welldeveloped and supported, some critical evaluation of materials

Some analysis of issues; argument may be underdeveloped or unpersuasive, synthesis of materials with limited critical evaluation

Mainly discursive with little analysis of issues; basic argument is unclear or undeveloped or not well supported, some reference to relevant material

Insufficient analysis, argument is lacking or unsound, failure to use relevant materials, may indicate confusion or misunderstanding

3. Structure & Writing

Clear and logical structure & organisation; precise and concise writing

Suitable and coherent structure & organisation; generally well written

Generally coherent structure & organisation but with occasional deficiencies; reasonably well written

Some defects in structure and organisation; writing may be difficult to follow in parts

Structure and organisation incoherent or lacking; poorly written, difficult to follow

4. Presentation & Referencing

Minimal errors in expression, grammar, spelling or punctuation; full and accurate citation of authorities and sources; thoroughly edited

Occasional minor flaws in expression, grammar, spelling or punctuation; authorities and sources are generally cited correctly; well edited

Some flaws in expression, grammar, spelling or punctuation; may have some missing, incomplete or incorrect footnote citations; some oversights in editing

Flaws in expression, grammar, spelling or punctuation; a number of missing, incomplete or incorrect footnote citations; editing with little care

Frequent or repeated flaws in expression, grammar, spelling or punctuation; inadequate citation of sources; poor editing

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Assessment requirements Assessment tasks Assessment Task: Research assignment Mode of delivery: via Moodle Details of task: A case focused assessment, such as a case note. Release date: TBA Due date: Friday 22 June 2018 by 4 pm Word limit: 3000 Value: 40% Estimated return date: TBA Criteria for marking: Refer to the Post Graduate Grading Descriptors above. Additional information: information:N/A

Examination Title: Examination Value: 60% Details of exam: 2 hours plus 30 minutes reading time.

Extensions and special consideration Assignments: ●

Short extension

You may only apply for an extension of the due date for anin-semester assignment , not exceeding five university days, by submitting aShort Extension form to the Chief Examiner of the unit at least 48 hoursprior to the due date . Normally an extension will not be granted for paid work commitments or for several assessments being due at once, as most students experience these conditions.

NB. This does not apply to class tests OR take home examinations O OR R invigilated examinations. ●

Longer extension of assignment

If you seek a longer extension of the due date for an assignment or take home examination, you must apply according to the Special Consideration policy and procedures, managed by the Student Services team. You should submit an “In-semester special consideration application form ” to Student Servicesno no later than two working days after the due date. Extensions will not be granted beyond the date on which marked assignments are due to b be e returned to students. Take-home exams:

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If you seek a longer extension of the due date for a take-home examination, you must apply according to the Special Consideration policy and procedures, managed by the Student Services team. You should submit an “In-semester special consideration application form ” to Student Servicesno no later than two working days after the due date. Submission of your special consideration application must be supported by documentary evidence. If you are assessed as eligible for an extension of your assignment or take-home exam, the Chief Examiner will determine the extended date and will advise you via your student email. If you are assessed as ineligible, you will be advised by Student Services via your student email. Deferment of Exams ( JD & LLMInvigilated Exams) If you seek deferment of JD or LLM invigilated exams, you will need to submit a Deferred final assessment application form to Student Services (no later than two days after your last scheduled exam). Students may apply for early approval of a deferred examination, where a complete application with supporting documentation is made no later than five University working days before the final examination for which special consideration is sought. If you are assessed as eligible for a deferred examination, you will be notified of the date of the deferred examination by Student Services. If you are assessed as ineligible, you will be advised by Student Services via your student email. Penalties for late submission A penalty will be applied for late submission of assignments. The penalty will be a percentage of the available mark, applied after the work has been marked, and in accordance with the number of days or hours after the published due date the assignment is submitted. The penalty will be calculated as follows:

For assignments and take-home examinations of ten days or more in duration, marks will be deducted at a rate of 10% of the marks available for that assessment piece per day (or part thereof) that the assessment piece is late. For assignments and take-home examinations of less than ten days duration, marks will be deducted at a rate of 5% of the marks available for that assessment piece for the first hour (or part thereof) that the assessment piece is late; and 10% of the marks available for that assessment piece for every subsequent hour (or part thereof) that the assessment piece is late. No late submissions will be accepted after the date that assignments are returned to students unless otherwise specified in the unit guide by the Chief Examiner. The Chief Examiner is required to keep records of the penalty applied to each student concerned, and to ensure that the penalty is reflected in the final result for the unit. Students must be advised upon return of the mark for their assignment or take-home examination that a penalty has been applied. In the case of assessments other than assignments or take-home exams, the relevant Unit Guides will set out whether late submissions will be accepted and, if so, the penalties that will apply.

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Weekends and public holidays are included in the count of days. Where a short extension (in the case of assignments) or special consideration (in the case of assignments and take-home examinations) has been approved, late penalties will commence from the revised due date and time. Submission of Late Assessments : The application of late penalties means that after a certain period of time following the due date, the marks available to assessment pieces would reduce to zero. To allow for this, late assessments will only be accepted up to the end of that period as below: ●

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For assignments and take home examinations of ten days or more in durationMoodle submission will remain open for 9 days following the due date and time For assignments and take home examinations of less than ten days in duration, Moodle submission will remain open for 10 hours following the due date and time

Where a short extension has been granted, submission will remain open to accommodate the additional days. Where longer extensions (special consideration) have been granted, assessments should be emailed to the Chief Examiner. Penalties for exceeding word limit The standard penalty for exceeding the word limit in an assignment or take-home examination should be 1 mark per 100 words (or part thereof) in excess of the word limit. Bibliography and footnotes should not be included in the word count. However, substantial comment in footnotes will be included. Unauthorised sharing of work Unauthorised uploading and sharing of one's own work or the work of others (including that of your lecturers), may be construed as encouragement of others to cheat, or lead to copyright and collusion issues, that may result in discipline proceedings brought against the students involved.

Unit discontinuation dates Please refer to Postgraduate Law-specific dates at http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates

Resubmission of assignments Resubmission of assignments is not permitted.

Referencing requirements You are required to reference consistently using the Australian Guide to Legal Citation 3 (AGLC3). See the Law Library Guide: http://guides.lib.monash.edu/law/citingandreferencing. There is also the short Guide-Me clip on referencing at: Legal writing: To cite or not to cite:

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http://resources.lib.monash.edu.au/learning-objects/activities/law/to-cite-or-not-to-cite.htm. For a comprehensive overview of Academic Integrity (Citing, Referencing and Plagiarism) go to: http://www.monash.edu/library/skills/resources/tutorials/academic-integrity.

Assignment submission Online Submission: Submission:Assessments must be submitted electronically using Moodle. Do not submit files attached to emails. Please submit your work via the Moodlesite for this unit, which you can access by logging intohttp://my.monash.edu.au/ and select Moodle from the left menu under Online systems. How to Submit an Assessment on Moodle? 1. Go to Moodle Unit PageLAWxxxx 2. You will then see two tabs under‘Assessment’ :  Assignment or Take home exam Submission LAWxxxx–Official submissionfolder. Students must submit final version of assessment here. ●

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Format Accepted Accepted: .doc, .docx, and .pdf. Please refer to specific assessment task for format acceptable for each task. File Name Name: It must contain Student ID number/Student Name Students will be notified if assessment is graded online or if there is hardcopy feedback available from student services. Please ensure you submit with yourAssessment task cover sheet (PDF, 0.26 MB) ,(DOCX, 0.02 MB) .

  TurnitinSubmissionLAWxxxx  – Educative tool – Submission isoptional unless specified as mandatory by the lecturer.Take Home Exams arenot to be submitted via Turnitin. More details about how to submit via Turnitin -Click here. When an assignment is submitted via Turnitin on Moodle, a similarity report is generated immediately. Given that the percentage of error displayed in the report isn't a reliable matching indicator for law because of the law databases, students should check their own reports for paraphrasing plus citing, quoting plus citing, and citing in general. Note :It It is the responsibility of the student and/or academic staff member to interpret the reportsproduced by Turnitin. If you need to make changes to your assignment based on the Originality Report, you may resubmit as many times as you wantuntil the due date. Students can nowview their initial Similarity Report, then revise and resubmit their work up to three times, without having to wait 24 hours for an updated report. After three resubmissions have been made, the 24-hour report generation wait time will be restored -you will need to keep this in mind if you are submitting close to the assignment due date.

Academic Integrity 12

Academic Integrity modules are now available to students via Moodle. These are a set of interactive tools to enable students to develop the knowledge and skills for good academic practice. Completion of modules are encouraged for all students to build a strong base for academic integrity during their Mona...