School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2020 Units. Students will be notified of all approved modifications by Unit Coordinators via email and Unit Blackboard sites. Where changes have been made, these are designed to ensure that you still meet the unit learning outcomes in the context of our adjusted teaching and learning arrangements.

  • Unit Title

    Torts I
  • Unit Code

    LAW1117
  • Year

    2020
  • Enrolment Period

    1
  • Version

    4
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

Description

This unit introduces the law of torts in Australia and then moves to a detailed examination of the tort of negligence in so far as it provides a remedy for personal injuries in Australia. This will include the requirements developed in case-law for making this remedy available, as well as the statutory amendments which have varied and limited the common law, with particular focus on the Civil Liability Act 2002 (WA).

Co-Requisite Rule

Only students studying K30,K50,K58,V72,W28 Y04,Y11,Y66,Y67 X01,X03,X05 or 999 can enrol into this unit. Students studying the major: MABUUT (Law in Business) in the following courses can enrol into this unit: G95, W23,W24, W27, Y14, Y65, Y70 or Y88.

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply the law of the tort of negligence to practical problems and critically review capacity of tort law to provide fair compensation.
  2. Explain the development of those requirements and the effect on them of recent law reform.
  3. Apply statutory and common law rules in problem solving scenarios.
  4. Critically analyse cultural damages as a component of compensation in the tort of negligence.

Unit Content

  1. An introduction to the law of torts.
  2. Negligence Actions for Personal Injury: historical development; establishing a duty of care; breach of the duty of care; factual causation and scope of liability; defences to torts involving negligence; assessment of damages including cultural damages.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour pass sessionNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a two hour lecture and one hour tutorial. Off-campus students access the unit via Blackboard. Regular online access is required. Students will be guided through the major components of the tort, or civil wrong, of negligence. Students will be introduced to the theory behind the law of negligence and its application, and the practical problems it faces in providing fair compensation. The unit covers the law relating to cultural damages, and students will be encouraged to consider broader cultural perspectives in this regard.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
ExerciseBlackboard Quiz10%
AssignmentMajor assignment20%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
ExerciseBlackboard Quiz10%
AssignmentMajor assignment20%
ExaminationFinal Examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1117|4|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for this unit. All assessment changes will be published by 27 July 2020. All students are reminded to check handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Torts I
  • Unit Code

    LAW1117
  • Year

    2020
  • Enrolment Period

    2
  • Version

    4
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

Description

This unit introduces the law of torts in Australia and then moves to a detailed examination of the tort of negligence in so far as it provides a remedy for personal injuries in Australia. This will include the requirements developed in case-law for making this remedy available, as well as the statutory amendments which have varied and limited the common law, with particular focus on the Civil Liability Act 2002 (WA).

Co-Requisite Rule

Only students studying K30,K50,K58,V72,W28 Y04,Y11,Y66,Y67 X01,X03,X05 or 999 can enrol into this unit. Students studying the major: MABUUT (Law in Business) in the following courses can enrol into this unit: G95, W23,W24, W27, Y14, Y65, Y70 or Y88.

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply the law of the tort of negligence to practical problems and critically review capacity of tort law to provide fair compensation.
  2. Explain the development of those requirements and the effect on them of recent law reform.
  3. Apply statutory and common law rules in problem solving scenarios.
  4. Critically analyse cultural damages as a component of compensation in the tort of negligence.

Unit Content

  1. An introduction to the law of torts.
  2. Negligence Actions for Personal Injury: historical development; establishing a duty of care; breach of the duty of care; factual causation and scope of liability; defences to torts involving negligence; assessment of damages including cultural damages.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 2 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour pass sessionNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a two hour lecture and one hour tutorial. Off-campus students access the unit via Blackboard. Regular online access is required. Students will be guided through the major components of the tort, or civil wrong, of negligence. Students will be introduced to the theory behind the law of negligence and its application, and the practical problems it faces in providing fair compensation. The unit covers the law relating to cultural damages, and students will be encouraged to consider broader cultural perspectives in this regard.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
TestOnline Quiz10%
ExerciseBlackboard Quiz15%
AssignmentMajor assignment25%
TestFinal Assessment50%
ONLINE
TypeDescriptionValue
TestOnline Quiz10%
TestFinal Assessment50%
ExerciseBlackboard Quiz15%
AssignmentMajor assignment25%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW1117|4|2