LAW 231A/B : Law of Torts

Law

2023 Semester One (1233) / Semester Two (1235) (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
--Joanna Manning
Email: j.manning@auckland.ac.nz
--Timothy Kuhner
Email: timothy.kuhner@auckland.ac.nz
-- Rohan Havelock
Email: r.havelock@auckland.ac.nz
-- Simon Schofield
Email: simon.schofiled@auckland.ac.nz
-- Anna Broadmore
Email: anna.broadmore@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
Take-home assignment (essay) 20% Individual Coursework
Presentation (moot) 10% Individual Coursework
Final Exam 60% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Test
Take-home assignment (essay)
Presentation (moot)
Final Exam

Workload Expectations

This course is run over two semesters. 

For Semester 1, 2022, Law 231A amounts to a 15-point course with around 36 hours of lectures. 

For Semester 2, 2022, 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 including the 72 hours of lectures. 


Delivery Mode

Campus Experience or Online

For semester one, 2023 ONLY this course will be offered in two streams: in person, with on campus delivery and online, with remote delivery. From semester two, 2023 the online remote stream will no longer be offered and all classes  and scheduled in-person assessments will be conducted on campus. Panopto recordings of lectures will be available where appropriate. ALL students, including offshore students, must be available to attend all classes in person on campus from semester two, 2023.

Please Note: the online remote stream is strictly limited to offshore students who have prior approval from the University's Campus Care. If you cannot process your student visa to travel to Auckland because of ongoing emergency conditions/restrictions operating in your country, you MUST contact Campus Care well before enrolling for 2023 courses in order to be approved to enrol onto this online stream.

On Campus Delivery:

• Your course/s will include live lectures conducted in-person and recorded, and may include other live activities including small group discussions held in a small-group workshop settings which are not recorded.

• You may also be required to attend coursework assessments on campus scheduled throughout the semester.

• You must be available to attend the final examination, which will be in person and invigilated.

Online, Remote Delivery:

• You must attend the scheduled online activities including all semester one, 2023 assessment components.

• You must make arrangements to arrive in Auckland to start attending in person, all classes in semester two, 2023 and

• You must make yourself available to attend the final examination, which will be in person and invigilated.


ALL students must be available to attend the final examination, which will be in person on campus. 

Learning 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.

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.

The teaching team will consider implementing any changes or improvements to the course in 2023, based on feedback from students in the 2022 Torts course through SET evaluations, the report from which is yet to be received. 

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.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, 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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 26/10/2022 04:32 p.m.