LAW 231A/B : Law of Torts

Law

2021 Semester One (1213) / Semester Two (1215) (30 POINTS)

Course Prescription

The general principles of civil liability for non-consensual wrongs. The principles of liability applying to selected torts, including the intentional torts such as: assault, battery, false imprisonment, intentionally inflicting emotional distress, trespass to land, wrongs to goods, negligence, strict liability, nuisance and defamation. The law relating to compensation for personal injury.

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.

Teaching staff
--Joanne Manning (Course Director – Semester One)
Email: j.manning@auckland.ac.nz
--Timothy Kuhner (Course Director – Semester Two)
Email: timothy.kuhner@auckland.ac.nz
--Nikki Chamberlain
Email: n.chamberlain@auckland.ac.nz
--Jaime King
Email: jaime.king@auckland.ac.nz
Assigned Readings 
Readings will be posted to the CANVAS page, where they can be viewed and downloaded.
Recommended Text
A useful text is Todd (General Editor) The Law of Torts in New Zealand (8th ed, Thomson Reuters, 2019).


Course Requirements

Corequisite: LAW 298 or 299 To complete this course students must enrol in LAW 231 A and B

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
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and apply 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)
  2. Identify and analyse 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, 1.3, 2.1, 2.2, 3.1, 4.1, 6.2 and 6.3)
  3. Access, identify, articulate, apply and evaluate legal reasoning and principles to specific issues of tort law. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 4.2)
  4. 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)
  5. Develop and apply insights into the judicial process to help answering novel problem questions in tort law (Capability 1.1, 1.2, 1.3, 2.1 and 6.3)
  6. Create and present clear reasoned arguments pertaining to the law of torts, derived from your learning and rational inquiry. (Capability 2.3, 4.1, 4.2 and 5.2)

Assessments

Assessment Type Percentage Classification
Test 10% Individual Coursework
Assignments 20% Individual Coursework
Presentation 10% Individual Coursework
Final Exam 60% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Test
Assignments
Presentation
Final Exam
1) Multi-choice Test 10% – The multi-choice test will provide an opportunity for early feedback to students. The topics will include those taught up to and including Friday, 19 March 2021.  
2) Take-home Assignment 20% (1200 words) – This assignment requires students to identify and apply legal principles to a problem scenario that raises legal issues and provide a reasoned conclusion. Some independent research and referencing of sources consistent with the New Zealand Law Style Guide, will be expected. The word limit of 1,200 words (including footnotes) must be adhered to and will be strictly enforced. If it is not adhered to a marking penalty will apply. See the Guidelines in the Undergraduate Student Handbook.
3) Moot / Presentation (10%) – The moot will consist of a problem question where students will identify legal issues, construct an argument using legal reasoning and precedent and present those arguments orally in a mock court setting. Independent research is allowed. 
4) Final Exam (60%) The final examination will be two hours. More information TBA. 

Workload Expectations

This is a 30-hour course, run over two semesters. 

For Semester 1, 2021, Law 231A amounts to a 15-point course with around 36 hours of lectures. 

For Semester 2, 2021, Law 231B amounts to another 15-point course with around 36 hours of lectures. 

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, 300 for the year. 


Delivery Mode

Campus Experience

Attendance is required at scheduled activities, including tutorials and a moot/presentation, to complete components of the course.
Lectures will be available as recordings. Other learning activities including tutorials will not be available as recordings.
The course will not include live online events.
Attendance on campus is required for the exam.
The activities for the course are scheduled as a standard weekly timetable.

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.

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 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.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

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.

Published on 03/12/2020 10:55 a.m.