LAW 231A/B : Law of Torts
Law
2020 Semester One (1203) / Semester Two (1205) (30 POINTS)
Course Prescription
Course Overview
There are numerous torts, not all of which can be covered. The emphasis is on those torts that best illustrate the general principles and which arise most frequently in practice.
Approximately one half of the course is devoted to the law of negligence. This tort is the principal means by which the law provides compensation for loss caused by another’s carelessness. A study is made of the essential features of the tort: the duty of care, breach, issues of causation, foreseeability, remoteness of damage - and then its application in specific instances is considered.
Other torts that are covered include the land-based torts and the intentional torts of assault, battery and false imprisonment and the related torts of intentional infliction of emotional distress, privacy and defamation.
Course Requirements
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Identify and understand the core concepts, principles, doctrines, rules, major academic debates, approaches, methodologies, and conceptual tools of New Zealand tort law, and of the values to which they give expression. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 3.1, 4.1, 6.2 and 6.3)
- Identify and understand the nature and function of tort law, and the role(s) it performs in the ordering and functioning of the wider social system; the relationship of tort law to other areas of law (such as contract, restitution, property, and equity). (Capability 1.1, 1.2, 2.1, 2.2, 3.1, 4.1, 6.2 and 6.3)
- Access, identify, articulate, apply and evaluate the techniques of legal reasoning and argument in relation to tortious issues; Identify information that is or is not relevant to a material fact in issue; Describe the specific use for which information is tendered; Articulate logically the chain of reasoning that makes information and legal principles relevant (or not, as the case may be). (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2 and 5.1)
- Reflect critically on issues of principle and policy raised by the current law of tort, and consider whether reform is desirable. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 3.1, 3.2, 3.3, 6.2 and 6.3)
- Begin to show insights into the nature of the judicial process (e.g. how the outcome of tort litigation can turn on the finest of points, and perhaps even on the personal predilections of individual judges; and how judges in a single case can disagree, sometimes vehemently, over the facts and/or the applicable law, or over the conclusions to be drawn in applying the applicable law to the facts). (Capability 1.1, 1.2, 1.3, 2.1 and 6.3)
- Think, write, speak clearly and effectively as well as direct your own learning and rational inquiry. (Capability 2.3, 4.1, 4.2 and 5.2)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Mult-choice Test | 10% | Individual Test |
| Take-home Assignment | 20% | Individual Coursework |
| Moot | 10% | Individual Coursework |
| Final Exam | 60% | Individual Examination |
| 4 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||||
| Mult-choice Test | ||||||||||
| Take-home Assignment | ||||||||||
| Moot | ||||||||||
| Final Exam | ||||||||||
Learning Resources
Workload Expectations
This is a 30-point course that runs across both semesters. There will be around 36 hours of lectures in this course in each semester. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours per semester and 300 hours for the year.
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.