LLB102 Torts
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB102 |
|---|---|
| Prerequisite(s): | LLB101. LLB101 can be studied in the same teaching period as LLB102 |
| Equivalent(s): | LWB148 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 1 2024, Gardens Point, Internal
| Unit code: | LLB102 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB101. LLB101 can be studied in the same teaching period as LLB102 |
| Equivalent: | LWB148 |
| Coordinators: | Tracey Carver | t.carver@qut.edu.au |
Overview
In this unit, you will apply the skills you are developing in LLB101 Introduction to Law and be introduced to the skills of legal problem solving and legal interviewing and questioning as you look at how the law of torts operates in a real world context. The knowledge and skills that you develop in this unit provide a foundation for more advanced units in later years. The study of torts law is required for admission as a legal practitioner in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Analyse and apply principles of torts law and policy to solve defined problems and formulate legally justifiable conclusions (CLO 1.1, 1.4, 2.1, 2.2)
- Apply knowledge of effective questioning in the context of legal interviewing to identify and obtain information necessary to provide legal advice (CLO 2.2, 4.1, 4.2)
- Write clearly and concisely to communicate legal concepts, questions and the outcomes of problem solving (CLO 4.1)
- Reflect upon your own learning and skill development (CLO 5.2)
Content
The content of this unit includes:
- Introduction to the law of torts - general principles and classification
- Trespass to person and land, defences and remedies
- Private nuisance, defences and remedies
- Negligence and defences, including the duty of care owed by a legal practitioner and ethical standards
- Novel duties of care, including in the context of climate change
- The concepts of vicarious liability and non-delegable duties and concurrent liability
- Assessment of damages for personal injuries
- Workers' compensation, and
- Breach of statutory duty and defences.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Discussions in live tutorials
- Collaboration with peers and academic staff in live tutorials to network and apply your understandings
Feedback on Learning and Assessment
You will be provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- the discussion in a weekly tutorial
- online formative quizzes for each topic
- the individual feedback provided on your Client Interview and Advice assessment
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Client interview and advice
You will advise the partner of a hypothetical law firm on the possible actions arising out of a client's written statement and identify what further legally relevant information is required from the client so that you can give a full and proper advice in a real world context. You will be required to write up your advice for the client's file and draft interview questions, demonstrating your knowledge and understanding of the relevant areas of law, legal problem-solving, and interviewing and questioning techniques. Your written communication and referencing will also be assessed. You will then reflect upon your skill development for future application.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, 4th ed, 2016)
Recommended text(s)
David Rolph et al, Balkin & Davis Law of Torts (LexisNexis Butterworths, 6th ed, 2021)
Harold Luntz et al, Luntz & Hambly's Torts: Cases, Legislation and Commentary (LexisNexis Butterworths, 9th ed, 2021)
Martin Davies and Ian Malkin, Focus - Torts (LexisNexis Butterworths, 10th ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
Unit Outline: Semester 1 2024, Online
| Unit code: | LLB102 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB101. LLB101 can be studied in the same teaching period as LLB102 |
| Equivalent: | LWB148 |
Overview
In this unit, you will apply the skills you are developing in LLB101 Introduction to Law and be introduced to the skills of legal problem solving and legal interviewing and questioning as you look at how the law of torts operates in a real world context. The knowledge and skills that you develop in this unit provide a foundation for more advanced units in later years. The study of torts law is required for admission as a legal practitioner in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Analyse and apply principles of torts law and policy to solve defined problems and formulate legally justifiable conclusions (CLO 1.1, 1.4, 2.1, 2.2)
- Apply knowledge of effective questioning in the context of legal interviewing to identify and obtain information necessary to provide legal advice (CLO 2.2, 4.1, 4.2)
- Write clearly and concisely to communicate legal concepts, questions and the outcomes of problem solving (CLO 4.1)
- Reflect upon your own learning and skill development (CLO 5.2)
Content
The content of this unit includes:
- Introduction to the law of torts - general principles and classification
- Trespass to person and land, defences and remedies
- Private nuisance, defences and remedies
- Negligence and defences, including the duty of care owed by a legal practitioner and ethical standards
- Novel duties of care, including in the context of climate change
- The concepts of vicarious liability and non-delegable duties and concurrent liability
- Assessment of damages for personal injuries
- Workers' compensation, and
- Breach of statutory duty and defences.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Discussions in live tutorials
- Collaboration with peers and academic staff in live tutorials to network and apply your understandings
Feedback on Learning and Assessment
You will be provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- the discussion in a weekly tutorial
- online formative quizzes for each topic
- the individual feedback provided on your Client Interview and Advice assessment
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Client interview and advice
You will advise the partner of a hypothetical law firm on the possible actions arising out of a client's written statement and identify what further legally relevant information is required from the client so that you can give a full and proper advice in a real world context. You will be required to write up your advice for the client's file and draft interview questions, demonstrating your knowledge and understanding of the relevant areas of law, legal problem-solving, and interviewing and questioning techniques. Your written communication and referencing will also be assessed. You will then reflect upon your skill development for future application.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, 4th ed, 2016)
Recommended text(s)
David Rolph et al, Balkin & Davis Law of Torts (LexisNexis Butterworths, 6th ed, 2021)
Harold Luntz et al, Luntz & Hambly's Torts: Cases, Legislation and Commentary (LexisNexis Butterworths, 9th ed, 2021)
Martin Davies and Ian Malkin, Focus - Torts (LexisNexis Butterworths, 10th ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLB102 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB101. LLB101 can be studied in the same teaching period as LLB102 |
| Equivalent: | LWB148 |
| Coordinators: | Rebecca Wright | r20.wright@qut.edu.au |
Overview
In this unit, you will apply the skills you are developing in LLB101 Introduction to Law and be introduced to the skills of legal problem solving and legal interviewing and questioning as you look at how the law of torts operates in a real world context. The knowledge and skills that you develop in this unit provide a foundation for more advanced units in later years. The study of torts law is required for admission as a legal practitioner in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Analyse and apply principles of torts law and policy to solve defined problems and formulate legally justifiable conclusions (CLO 1.1, 1.4, 2.1, 2.2)
- Apply knowledge of effective questioning in the context of legal interviewing to identify and obtain information necessary to provide legal advice (CLO 2.2, 4.1, 4.2)
- Write clearly and concisely to communicate legal concepts, questions and the outcomes of problem solving (CLO 4.1)
- Reflect upon your own learning and skill development (CLO 5.2)
Content
The content of this unit includes:
- Introduction to the law of torts - general principles and classification
- Trespass to person and land, defences and remedies
- Private nuisance, defences and remedies
- Negligence and defences, including the duty of care owed by a legal practitioner and ethical standards
- Novel duties of care, including in the context of climate change
- The concepts of vicarious liability and non-delegable duties and concurrent liability
- Assessment of damages for personal injuries
- Workers' compensation, and
- Breach of statutory duty and defences.
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’). This unit covers all of the topics within the core areas of knowledge for Torts.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Discussions in live tutorials
- Collaboration with peers and academic staff in live tutorials to network and apply your understandings
Feedback on Learning and Assessment
You will be provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- the discussion in a weekly tutorial
- online formative quizzes for each topic
- the individual feedback provided on your Client Interview and Advice assessment
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Client interview and advice
You will advise the partner of a hypothetical law firm on the possible actions arising out of a client's written statement and identify what further legally relevant information is required from the client so that you can give a full and proper advice in a real world context. You will be required to write up your advice for the client's file and draft interview questions, demonstrating your knowledge and understanding of the relevant areas of law, legal problem-solving, and interviewing and questioning techniques. Your written communication and referencing will also be assessed. You will then reflect upon your skill development for future application.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, 4th ed, 2016)
Recommended text(s)
David Rolph et al, Balkin & Davis Law of Torts (LexisNexis Butterworths, 6th ed, 2021)
Harold Luntz et al, Luntz & Hambly's Torts: Cases, Legislation and Commentary (LexisNexis Butterworths, 9th ed, 2021)
Martin Davies, Ian Malkin and Tania Voon, Focus - Torts (LexisNexis Butterworths, 10th ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
Unit Outline: Semester 2 2024, Online
| Unit code: | LLB102 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB101. LLB101 can be studied in the same teaching period as LLB102 |
| Equivalent: | LWB148 |
Overview
In this unit, you will apply the skills you are developing in LLB101 Introduction to Law and be introduced to the skills of legal problem solving and legal interviewing and questioning as you look at how the law of torts operates in a real world context. The knowledge and skills that you develop in this unit provide a foundation for more advanced units in later years. The study of torts law is required for admission as a legal practitioner in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Analyse and apply principles of torts law and policy to solve defined problems and formulate legally justifiable conclusions (CLO 1.1, 1.4, 2.1, 2.2)
- Apply knowledge of effective questioning in the context of legal interviewing to identify and obtain information necessary to provide legal advice (CLO 2.2, 4.1, 4.2)
- Write clearly and concisely to communicate legal concepts, questions and the outcomes of problem solving (CLO 4.1)
- Reflect upon your own learning and skill development (CLO 5.2)
Content
The content of this unit includes:
- Introduction to the law of torts - general principles and classification
- Trespass to person and land, defences and remedies
- Private nuisance, defences and remedies
- Negligence and defences, including the duty of care owed by a legal practitioner and ethical standards
- Novel duties of care, including in the context of climate change
- The concepts of vicarious liability and non-delegable duties and concurrent liability
- Assessment of damages for personal injuries
- Workers' compensation, and
- Breach of statutory duty and defences.
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’). This unit covers all of the topics within the core areas of knowledge for Torts.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Discussions in live tutorials
- Collaboration with peers and academic staff in live tutorials to network and apply your understandings
Feedback on Learning and Assessment
You will be provided with feedback to assist your learning throughout the semester. The feedback is provided through:
- the discussion in a weekly tutorial
- online formative quizzes for each topic
- the individual feedback provided on your Client Interview and Advice assessment
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Client interview and advice
You will advise the partner of a hypothetical law firm on the possible actions arising out of a client's written statement and identify what further legally relevant information is required from the client so that you can give a full and proper advice in a real world context. You will be required to write up your advice for the client's file and draft interview questions, demonstrating your knowledge and understanding of the relevant areas of law, legal problem-solving, and interviewing and questioning techniques. Your written communication and referencing will also be assessed. You will then reflect upon your skill development for future application.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Amanda Stickley, Australian Torts Law (LexisNexis Butterworths, 4th ed, 2016)
Recommended text(s)
David Rolph et al, Balkin & Davis Law of Torts (LexisNexis Butterworths, 6th ed, 2021)
Harold Luntz et al, Luntz & Hambly's Torts: Cases, Legislation and Commentary (LexisNexis Butterworths, 9th ed, 2021)
Martin Davies, Ian Malkin and Tania Voon, Focus - Torts (LexisNexis Butterworths, 10th ed, 2023)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual or other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Client interview and advice, Examination - The role of law in achieving sustainable futures
Relates to: ULO1, Client interview and advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO1, Client interview and advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO1, ULO2, Client interview and advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO2, ULO3, Client interview and advice, Examination - Using effective oral, visual and other professional communication in diverse contexts
Relates to: ULO2, Client interview and advice - Reflecting on feedback, experience and career development
Relates to: ULO4, Client interview and advice