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.

  • Unit Title

    Torts II
  • Unit Code

    LAW1218
  • Year

    2019
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

Description

This unit builds on the learning outcomes and graduate attributes achieved by the successful completion of Torts I and considers, in detail, the recovery of damages under the tort of negligence for psychiatric injury and purely economic loss,the strict liability torts of trespass to person and land, nuisance and defamation, and vicarious liability. Advocates' immunity to a negligence action will also be critically reviewed.

Prerequisite Rule

Students must pass 1 units from LAW1117

Learning Outcomes

On completion of this unit students should be able to:

  1. Discuss and critically review the capacity of tort law to provide redress for affected parties.
  2. Apply law of torts to practical problems.
  3. Explain the role of statute and common law and apply them in problem solving.
  4. Analyse the requirements for the torts of trespass to the person, nuisance and defamation.
  5. Analyse the requirements for actions in negligence for psychiatric injury and purely economic loss.

Unit Content

  1. Theoretical and practical issues in the law of Tort.
  2. Defamation.
  3. Vicarious liability.
  4. Nuisance.
  5. Trespass to land.
  6. Trespass to person.
  7. Occupier's liability and advocates immunity.
  8. Negligence actions for purely economic loss.
  9. Jurisprudence and actions in negligence for psychiatric injury.

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 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 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 attend a weekly two hour of lecture and one hour of tutorial. Off-campus students access the program via Blackboard. Regular online access is required. Students' written communication, literacy and critical appraisal skills are developed through the major assignment which requires higher-order analysis and critical appraisal, and consideration of alternative conclusions. Students’ understanding of the theoretical underpinnings of the law, or jurisprudence’, will be enhanced by a study of Kantian right and other legal theories. Jurisprudence provides a useful lens through which we study the law relating to psychiatric injury.

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%
AssignmentAssignment30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
AssignmentAssignment30%
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.

LAW1218|2|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.

  • Unit Title

    Torts II
  • Unit Code

    LAW1218
  • Year

    2019
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Cecilia ANTHONY DAS

Description

This unit builds on the learning outcomes and graduate attributes achieved by the successful completion of Torts I and considers, in detail, the recovery of damages under the tort of negligence for psychiatric injury and purely economic loss,the strict liability torts of trespass to person and land, nuisance and defamation, and vicarious liability. Advocates' immunity to a negligence action will also be critically reviewed.

Prerequisite Rule

Students must pass 1 units from LAW1117

Learning Outcomes

On completion of this unit students should be able to:

  1. Discuss and critically review the capacity of tort law to provide redress for affected parties.
  2. Apply law of torts to practical problems.
  3. Explain the role of statute and common law and apply them in problem solving.
  4. Analyse the requirements for the torts of trespass to the person, nuisance and defamation.
  5. Analyse the requirements for actions in negligence for psychiatric injury and purely economic loss.

Unit Content

  1. Theoretical and practical issues in the law of Tort.
  2. Defamation.
  3. Vicarious liability.
  4. Nuisance.
  5. Trespass to land.
  6. Trespass to person.
  7. Occupier's liability and advocates immunity.
  8. Negligence actions for purely economic loss.
  9. Jurisprudence and actions in negligence for psychiatric injury.

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 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 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 attend a weekly two hour of lecture and one hour of tutorial. Off-campus students access the program via Blackboard. Regular online access is required. Students' written communication, literacy and critical appraisal skills are developed through the major assignment which requires higher-order analysis and critical appraisal, and consideration of alternative conclusions. Students’ understanding of the theoretical underpinnings of the law, or jurisprudence’, will be enhanced by a study of Kantian right and other legal theories. Jurisprudence provides a useful lens through which we study the law relating to psychiatric injury.

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%
AssignmentAssignment30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline discussion and participation10%
AssignmentAssignment30%
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.

LAW1218|2|2