Please note that the lectures for this subject commence in week 3.  There is a detailed teaching outline available on MyUni.

Legal Practitioners' Education and Admissions Council (LPEAC) sets rules for the academic requirements for admission to legal practice in South Australia. Students must demonstrate a satisfactory level of understanding and application of 11 core areas of legal knowledge. This course teaches the following topics within these core areas:

• Negligence, including defences
• A representative range of torts (other than negligence) and their defences (intentional torts to the person and to goods, nuisance and negligent statements leading to pure economic loss).
• Damages

General Introduction

There is no comprehensive or exhaustive definition of ‘torts’.  Any definition that attempts to cover everything that amounts to a tort is likely to also cover things not usually treated as torts at all. Commentators, teachers and judges in this area nonetheless provide good working definitions of ‘torts’.  At its broadest, a tort is described as a "wrong" committed by one person (the ‘defendant’) against another person (‘the plaintiff’).  In essence the law of torts provides that the plaintiff  who suffers injury or loss because of that wrong is entitled to a remedy from the defendant.   The remedy is usually in the form of monetary compensation (damages) designed to put the plaintiff in the position they would have been in if the defendant had not committed the wrong. The proper role and place of the law of torts and its relationship with other areas of the law such as crime and contract is conceptually both difficult and controversial.  By the end of this course you will have considered the nature, role and proper place of the law of torts in Australia’s legal landscape along with the relevant principles embodied in both the common law and in statute.

As indicated by the above working definition, the scope of the law of torts is certainly very wide. It covers cases where one person has caused physical injury to another or damaged their property; where one person has interfered with another's rights over property, for example by taking it, refusing to return it or disposing of it without authority or has interfered with their use of their land; where one person has deprived another of liberty or has harmed another's reputation; and where one person has harmed the economic interests of another. But it is not comprehensive in the interests it protects; for example it does not generally protect privacy or a claim not to be discriminated against. And it determines the behaviour from which the interests it does cover will be protected. For example liability for causing physical injury or damage to property generally depends on the injury or damage being caused intentionally or negligently while liability for causing economic loss depends more often on an intention to cause it in a defined way and is allowed only in very restricted circumstances where it is caused negligently. On the other hand intention to harm or negligence is often not required where the law is protecting your title to property: if I sell your property believing on all reasonable grounds that it is mine and having no way of discovering that it is yours I nevertheless commit the tort of conversion and must compensate you. 

Knowledge and Understanding

1. A student who successfully completes this subject will have a general understanding of the law of torts and specific familiarity with the topics outlined  below, and will:
2. Understand and be able to apply common law and legislative systems pertaining to the tort of negligence, including the elements of that tort—duty of care, standard of care, causation, and remoteness—and the associated issues of third party intervention, damages for personal injury, omissions and nervous shock, and defences and vicarious liability
3. Understand and be able to apply common law and legislative systems pertaining to the intentional tort of trespass to the person, including assault, battery and false imprisonment
4. Understand and be able to apply common law and legislative systems pertaining to the intentional tort of trespass to goods, including trespass, conversion and detinue
5. Understand and be able to apply common law and legislative systems pertaining to nuisance
6. Understand and be able to apply common law and legislative systems pertaining to negligent statements leading to pure economic loss

1. Printed Materials obtained from the Image and Copy Centre,
2. Bernadette Richards, Melissa de Zwart and Karinne Ludlow Tort Law Principles (Thomson Lawbook, 2012)
3. C. Sappideen, P.Vines, P.Watson, Torts: Commentary and Materials (Thomson, Lawbook Co. Casebook, 11th Ed, 2012)

(The two texts are available as a package from the University Bookshop).

1. Harold Luntz et al, Torts: Cases and Commentary (LexisNexis Butterworths, 6th ed, 2009)
2. Carolyn Sappideen & Prue Vines (ed), Fleming's The Law of Torts (Lawbook Co, 10th ed, 2011),
3. Martin Davies and Ian Malkin, Torts (LexisNexis Butterworths, 5th ed, 2008),
4. Francis Trindade, Peter Cane and Mark Lunney, The Law of Torts in Australia (Oxford, 4th ed, 2007),
5. RP Balkin and JLR Davis, Law of Torts (LexisNexis Butterworths, 4th ed, 2009),
6. Frances McGlone and Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, 2nd ed,2009), and
7. Pam Stewart and Anita Stuhmcke, Australian Principles of Tort Law (Cavendish Australia, 2005).

All course materials are available on MyUni and please remember to check your student email as course-related announcements are communicated via email.

Due to the large enrolment in this subject we are actively encouraging the use of Discussion Boards. Please do not email questions regarding the substantive law to your lecturers or tutors, we will only ask you to post them on the Discussion Board. There is a Discussion Board available for substantive law issues and it will be checked every afternoon. We encourage students to engage in the discussion and actively participate creating an active learning forum.

The course is designed around presentation of theory during the lectures and practical problem-solving skills during the seminars. The approach to learning and teaching in this subject is based upon the premise of students as “active” learners and not passive recipients of information. It follows that it is absolutely essential that you do the work that is set for each week and all sessions will be conducted on the assumption that the relevant reading has been completed. You must come to the seminars with prepared written answers to each seminar question

The University expects full-time students (ie those taking 12 units per semester) to devote a total of up to 48 hours per week to their studies. In law, this figure represents the bare minimum necessary to an understanding of the concepts covered. Students in this course are expected to attend all lectures throughout the semester plus one seminar session each week. Please refer to Access Adelaide for your timetable and enrolment details.
http://www.adelaide.edu.au/access/

There is an expectation that all allocated reading for the week is completed and that students attend the seminars prepared to actively participate in the problem solving activity.

Students will have 9 weeks of intensive teaching in this subject. The first lecture will be held in Week 3, with seminars commencing in Week 4. Students will be expected to attend a two hour lecture and a two hour seminar. The programme of all activities is as follows:

Week 3 Lecture (Tues 18th March)	Week 3 Seminar
Intentional Torts to the person • Assault • Battery • False Imprisonment	No seminars for this subject. See Foundations of Australian Law
Week 4 Lecture (Tues 24th March)	Week 4 Seminar
Introduction to negligence • Duty of care • Mental Harm • Standard of care	Intentional Torts to the person
Week 5 Lecture (Tues 31st March)	Week 5 Seminar
• Finish Standard of Care • Omissions	Finish off Intentional Torts Consider how to tackle questions of mixed issues, workshop duty (physical duty complete), then begin mental harm
Week 6 Lecture (Tues 8th April)	Week 6 Seminar
No lecture	• Mental Harm complete • Begin Standard of care
Redeemable assignment due at the end of Week 6 (Friday 11th April, 2pm. Will cover intentional torts only)
Week 7 Lecture (Tues 29th April)	Week 7 Seminar
Causation and remoteness	• Assignment feedback • Standard of care
Week 8 Lecture (Tues 6th May)	Week 8 Seminar
Defences and damages Vicarious liability	Causation and remoteness
Week 9 Lecture (Tues 13th May)	Week 9 Seminar
Negligent statement leading to pure economic loss	Defences and damages
Distribute ‘Take Home Component of the Exam’. This assignment will be a mix of intentional torts and negligence and intentional torts will NOT be covered in the final exam. This assignment will be due at the end of Week 10, for marking and return at the end of Week 12 for revision purposes. This is a component of the exam: No extensions will be granted.
Week 10 Lecture (Tues21st May)	Week 10 Seminar
Nuisance	Negligent statement leading to pure economic loss
Take Home component of the exam due 2pm Friday 24th May
Week 11 Lecture (Tues 27th May)	Week 11 Seminar
Trespass to goods • Trespass • Conversion • Detinue	Nuisance
Week 12 Lecture (Tues 2nd June)	Week 12 Seminar
Revision	Tespass to goods
Week 13 Lecture (Tues 10th June)	Week 13 Seminar
Q&A Lecture Feedback of Take-Home component of exam and feedback.	Revision

Assessment item	% of final mark	Dates	Length	Redeemable	Learning objectives
Problem question (intentional torts to the person)	20% or 0%	Due: 2pm Friday,11th April 2014 (Week 6)	Strictly 2 pages of 12-point Times New Roman font (single spaced)	Yes (provided a bona fide effort is achieved, evidenced by a grade of at least 35%)	1-3
Take-home Exam Assignment	20%	2pm Friday 23rd May, 2014 (Week 10)	Strictly 2 pages of 12-point Times New Roman will be applied to each answer	No	1-3
Final Exam (Take Home)	80% or 60%	Mid- year exam period			1-3

All three components of assessment are compulsory. This means that if any of the items of assessment are not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost and the final mark obtainable reduced by that.

Problem question 20% or 0%

This will involve responding to a problem based question. Only intentional torts to the person will be covered in this problem and it will be redeemable by performance in the final exam provided that it represents a bona fide effort.

A strict limit of two pages of 12-point Times New Roman will be applied; nothing beyond this will be read.

DUE DATE: 2pm Friday 11th April 2013.


Take-Home Exam Assignment 20%

One examination-style problem question will be distributed to students during Week 9. Every student must complete an answer to the problem for submission at the end of Week 10. The question will be available at 9am, Monday 13th May and is due at 2pm Friday 24th May. This is an individual piece of assessment and will form the basis of the revision discussion. It is not to be done in collaboration with any other student.

A strict limit of two pages of 12-point Times New Roman will be applied; nothing beyond this will be read.

This is a component of your exam. It is NOT redeemable and no extensions will be granted.

DUE DATE: 2pm Friday 23rd May 2013


Final Exam (Take Home) 60% or 80%

There will be a final examination in the examination period scheduled by the University at the end of the semester. All students will be required to take this examination. You will note that when the exam schedule comes out, there is a two hour exam scheduled for this subject. This schedule simply provides the DATE for the exam. On that nominated day your exam will be made available to you at 9am (on MyUni). You will have 24 hours to complete the exam and submit it via Turnitin. There will be no extensions for this exam, where unforeseen circumstances intervene you will have to apply for a supplementary exam which will be scheduled during the supplementary period. Further information will be made available closer to the time.

All assignments must be submitted in BOTH hardcopy and electronically via Turnitin. This means that all papers will be electronically checked for plagiarism. In the absence of a Turnitin submission, the grade attained for that assignment will be withheld until submitted.

There are specific Law School requirements for the submission of hardcopy assignments. They are as follows:

1. Students must retain a copy of all assignments submitted.
2. All individual assignments must be attached to an Assignment Cover Sheet which must be signed and dated by the student before submission. Lecturers will withhold student’s results until such time as the student has signed the Assignment Cover Sheet.
3. Markers can refuse to accept assignments which do not have a signed acknowledgement of the University’s policy on plagiarism (refer to policy on plagiarism above).
4. When an assessment is submitted after the due date, and without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised 5% per day for every day including weekend days and public holidays.

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

Students are expected to demonstrate:

1. ability to identify the ratio decidendi of relevant cases and apply this to the facts of novel tortious issues
2. ability to work with the relevant statutory schemes that relevant to the facts of novel tortious issues
3. ability to distinguish one case from another in the context of applying case law to the facts of novel tortious issues
4. ability to identify the relevant factual issues involved in novel tortious scenarios
5. legal problem solving skills

Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/

Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

Plagiarism and other forms of cheating

Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide 2014, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.