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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Torts II
  • Unit Code

    LAW1218
  • Year

    2022
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Martin Alan ALLCOCK

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's LMS

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 via ECU’s LMS 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 LMS. 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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
PresentationPeer Reviewed Presentation20%
TestOnline Test20%
EssayAssignment20%
ExaminationFinal Examination40%
ONLINE
TypeDescriptionValue
PresentationPeer Reviewed Presentation20%
TestOnline Test20%
EssayAssignment20%
ExaminationFinal Examination40%

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Torts II
  • Unit Code

    LAW1218
  • Year

    2022
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Martin Alan ALLCOCK

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's LMS

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 via ECU’s LMS 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 LMS. 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 School Progression Panel.

ON CAMPUS
TypeDescriptionValue
PresentationPeer Reviewed Presentation20%
TestOnline Test20%
EssayAssignment20%
ExaminationFinal Examination40%
ONLINE
TypeDescriptionValue
PresentationPeer Reviewed Presentation20%
TestOnline Test20%
EssayAssignment20%
ExaminationFinal Examination40%

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW1218|2|2