LAWCOMM 748 : Special Topic: Advanced Torts

Law

2020 Semester One (1203) (15 POINTS)

Course Prescription

No prescription

Course Overview

This course explores a core area of private law, being the law of torts. The subject aims to broaden and deepen students’ knowledge of the law of torts in three ways. First, it looks at a range of topics that are not usually covered, at all or in great detail, in the mandatory first-year course. Students should therefore expect that the topics listed below will be studied in greater depth and sophistication than would be expected in the mandatory first-year course. Second, the course examines large theoretical debates as to the nature and function of tort law and how particular torts figure into these debates. Third, it examines case law related to these topics from other common law jurisdictions in addition to a review of leading New Zealand materials.
The seminar nature of this course is intended to give you a much greater opportunity for discussion and participation than is possible in lecture courses. With this opportunity comes responsibility. You are expected to be prepared for each class and to take part in the discussions, both by volunteering contributions and responding when called upon.

Course Requirements

No pre-requisites or restrictions

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: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically analyse and evaluate various tort doctrines from a range of theoretical perspectives which seek to explain the subject (Capability 1.1, 2.1, 2.2 and 2.3)
  2. Display an advanced knowledge of some classical and contemporary debates and issues in tort law (Capability 3.1, 3.2 and 4.1)
  3. Research, develop and express opinions about tort law (ie, its rules, principles, doctrines and remedies), incorporating appropriate citation practices (Capability 2.3, 3.2, 3.3, 4.1 and 6.2)
  4. Display effective oral communication skills (Capability 2.1, 3.2, 3.3, 4.1 and 5.1)
  5. Understand the tort law of New Zealand to that of other common law jurisdictions, understanding the similarities and differences between them (Capability 2.1, 2.2, 3.1 and 4.1)

Assessments

Assessment Type Percentage Classification
Class participation 10% Individual Coursework
Outline for research essay 10% Individual Coursework
Research essay 80% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Class participation
Outline for research essay
Research essay
Class Participation 
Each student is expected to make individual contributions to the seminar discussions throughout the course. Students will be individually assessed on the quality of their contributions as set out below.
Each student must orally present their research question and main thesis to the rest of the class on the last day of the course. Each presentation will be no longer than 5 minutes (not including follow-up questions and answers).
Criteria and marking for class participation:
• The depth and thoroughness of understanding of the reading materials and guided questions
• The ability to draw worthwhile conclusions in the class discussion
• Thoughtfulness of contributions
• Effective oral presentation of their research question
• General engagement in class and respect for fellow students

Research Outline
Each student must submit a research outline.  The research outline should commence with an abstract that outlines the proposed research question and main thesis of the student’s research essay. The research outline should then provide an outline of the structure of the proposed research essay. 
Research essay
Each student is required to submit a research essay of no more than 12,000 words (including footnotes and an abstract/synopsis of approximately 200 words).

Learning Resources

Reading Materials
Reading materials will be listed on the student information system Canvas. Students may also be asked to access additional materials via the Internet or in the Davis Law Library. All students are expected to read and study all the assigned reading for each class.

Workload Expectations

There will be 36 contact hours in this course. As a postgraduate course, there is an expectation that you prepare well for each class. The nature of the substantive assessment involving independent research also requires a significant amount of work outside of class. As a general guide, you should expect a workload of six hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.

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.

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.

Published on 20/01/2020 02:20 p.m.