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Unit outline_

LAWS5024: Torts

Semester 2, 2026 [Normal evening] - Camperdown/Darlington, Sydney

This unit aims to provide students with a foundational understanding of Australian tort law, a subject fundamental to legal practice and crucial for later core and specialist subjects. Through a critical study of cases and statutes within their historical and social contexts, students will gain a deep understanding of the development of tort principles, the function and scope of modern tort law, and the rationale and utility of its governing principles. The unit will analyse the interactions between common law and significant legislation, enhancing students’ skills in statutory interpretation, problem-solving, and applying the law to hypothetical and real-life situations. The unit is designed to enable students to build their understanding of various aspects of tort law. It covers the contemporary relevance of the historical development of the actions of trespass and the action on the case. Students will explore trespass to the person, which includes battery, assault, and false imprisonment, as well as trespass to land and nuisance. The curriculum delves into the development and scope of the modern tort of negligence. This includes a detailed examination of the principles underpinning duties of care related to physical and psychiatric injury or damage, pure economic loss, the determination of breach of duty, and issues of causation and the scope of liability or remoteness of damage. Additionally, students will learn about various defenses, the assessment of damages, and actions involving multiple wrongdoers, including the vicarious liability of employers. The unit also covers claims arising after the death of the tort victim and explores some alternative systems of compensation.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5019
Corequisites
? 
None
Prohibitions
? 
LAWS5001 and LAWS5006
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Gemma Turton, gemma.turton@sydney.edu.au
The census date for this unit availability is 31 August 2026
Type Description Weight Due Length Use of AI
Written exam Final exam (60%)
On-campus supervised final exam 2 hr + 30 mins reading time
60% Formal exam period 2 hours AI prohibited
Outcomes assessed: LO2 LO3 LO4 LO5
Contribution Class participation 10%
Students must respond to a problem question or set of problem questions
10% Ongoing One seminar AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Attendance - accreditation or faculty requirement Attendance (0%)
70% compulsory attendance
0% Ongoing 70% compulsory attendance Not applicable
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Out-of-class quiz Early Feedback Task Early feedback task (0%)
Unsupervised online quiz
0% Week 03 30 minutes AI allowed
Outcomes assessed: LO1 LO2
Written test Written in-semester test
On-campus supervised test 1hr + 30 mins reading time
30% Week 07
Due date: 16 Sep 2026 at 17:00
1 hour AI prohibited
Outcomes assessed: LO2 LO3 LO4 LO5
early feedback task = early feedback task ?

Assessment summary

Attendance (0%):ÌýStudents in this unit of study are required to attend 70% ofÌýtutorials.ÌýFailure to satisfy this requirement will result in an Absent Fail grade. Students who apply successfully for Special Consideration may be granted an exemption from the attendance requirement by the coordinator. To enable students to apply for Special Consideration, attendance has been included as a 0% assessment in this unit of study.Ìý

Early feedback task (0%):ÌýThis unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content and support students to stay on track for successful completion of the unit.

The Early Feedback Task in this unit is a 10-question multiple choice quiz. It will be tailored to reflect key concepts from weeks 1-2. The task will be available on Canvas fromÌýMonday, 17 August 2026 at 9amÌýand must be completed byÌýFriday, 21 August 2026 at 11:59pmÌý(Sydney, Australia time). Students will be provided with immediate automated feedback upon completion of the task.Ìý

Structured class participation (10%):ÌýClass participation is based on leading class discussion (as part of a panel of students) on a problem question (or set of problem questions) in one tutorial. Students who are unable to attend their allocated tutorial must arrange with their tutor to lead discussion in a different tutorial. Students who are unable to attend their rescheduled tutorial must obtain special consideration and will be given an alternative or varied assessment task, with the format to be determined by the unit coordinators.Ìý A failure to lead the class discussion in any tutorial (and not obtain special consideration) will result in a mark of 0 for class participation and may lead to an Absent Fail grade.

In-semester test (30%):ÌýThe in-semester test will be a supervised, open book exam (hard copy materials, no electronic devices), held on campus in week 7. The test will cover Topics 2-8 (weeks 1-5 of lectures and tutorials only). The duration of the test will be one hour of writing time plus 30-minutes of reading time.

Final exam (60%): The exam will be a supervised, open book exam (hard copy materials, no electronic devices), held on campus during the university formal exam period. The exam timetable will be released by the Exams Office in due course. For further information, please refer to: /students/exams/timetables.html.ÌýÌýÌýThe duration of the exam will be 2 hours of writing time, plus 30 minutes of reading time. The topics covered in the exam will be released in week 13 of semester 2.

Special consideration:ÌýSuccessful grants of Special Consideration may involve alternative tasks, as appropriate.ÌýÌý

Assessment requirements to pass a unit of study:ÌýA student must make a genuine attempt at all assessment tasks set out in this Unit of ¸ßÇ帣ÀûƬ in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of ¸ßÇ帣ÀûƬ. As the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.ÌýÌý

Assessment criteria

The University awards common result grades, set out in theÌýÌý(Schedule 1).Ìý

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.Ìý

Result nameÌý

Mark rangeÌý

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High distinctionÌý

85 - 100Ìý

• Completely answers the question.Ìý
• Contains striking originality of approach or analysis.Ìý
• Demonstrates exhaustive or innovative research (where independent researchÌý
°ù±ð±ç³Ü¾±°ù±ð»å).Ìý
• Exceptionally well written, structured and expressed.Ìý
• Is otherwise exceptional in some way.Ìý

¶Ù¾±²õ³Ù¾±²Ô³¦³Ù¾±´Ç²ÔÌý

75 - 84Ìý

• Completely answers the question.Ìý
• Achieves a critical and evaluative approach to the issues.Ìý
• Content and structure is well organised in support of the ²¹°ù²µ³Ü³¾±ð²Ô³Ù.Ìý
• Demonstrates extensive research and analysis to support a well-documentedÌý
²¹°ù²µ³Ü³¾±ð²Ô³Ù.Ìý
• Generally well expressed and free from errors.Ìý
• Has a clear structure and is well articulated.Ìý

°ä°ù±ð»å¾±³ÙÌý

65 - 74Ìý

• Covers main issues fairly well in answering the question.Ìý
• Contains no significant errorsÌý
• Demonstrates an attempted critical approach to the issues.Ìý
• Demonstrates reasonably sound research and analysis in addressing the key issues.Ìý
• Has a clear structure and reasonably clear expression.Ìý

±Ê²¹²õ²õÌý

50 - 64Ìý

• Identifies the key issues, but does not follow through with a reasoned ²¹°ù²µ³Ü³¾±ð²Ô³Ù.Ìý
• Contains some significant errors.Ìý
• Displays satisfactory engagement with the key issues.Ìý
• Offers descriptive summary of material relevant to the question.Ìý
• Superficial use of material, and may display a tendency to paraphrase.Ìý
• Demonstrates little evidence of in-depth research or analysis.Ìý
• Adequate expression.Ìý
• Overall, demonstrates the minimum level of competence in the assessment andÌý
satisfies the requirements to proceed to higher-level studies in the degree or subjectÌý
²¹°ù±ð²¹.Ìý

¹ó²¹¾±±ôÌý

0 - 49Ìý

• Does not answer the question.Ìý
• Contains significant or numerous errors.Ìý
• Few or no identifiable arguments.Ìý
• Content that is inappropriate or irrelevant.Ìý
• Lack of research or analysis.Ìý
• Difficult or impossible to understand through poor grammar, expression orÌý
²õ³Ù°ù³Ü³¦³Ù³Ü°ù±ð.Ìý
• Overall, does not demonstrate the minimum level of competence in theÌý
²¹²õ²õ±ð²õ²õ³¾±ð²Ô³Ù.Ìý

For more information seeÌýÌý

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of theÌýAcademic Integrity Policy.

Visit theÌýCurrent Students websiteÌýfor more information on AI in assessments, includingÌýdetails on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our websiteÌýprovides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed theÌýAcademic Honesty Education Module (AHEM)Ìýwhich is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit theÌýCurrent Students websiteÌýfor more information on AI in assessments, includingÌýdetails on how to acknowledge its use.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through aÌýsimple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible forÌýspecial consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students,ÌýÌýincludes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students PolicyÌýreflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 1: Introduction to tort law, 2: Historical background to modern tort law, 3: Trespass to the person Seminar (6 hr) LO1 LO2 LO3 LO4
Week 01 4: Defences to trespass to the person Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
6 Trespass to land 7 Private nuisance Seminar (5 hr) LO1 LO2 LO3 LO4 LO5
Week 02 5 Damages for trespass to the person Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 03 8 Statutory tort for serious invasions of privacy Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 04 9 Negligence: duty of care Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 05 10 Negligence: breach of duty Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 06 11 Negligence: causation and scope of liability Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 07 11 Negligence: causation and scope of liability (cont.) Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 08 12 Mental harm Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 09 13 Pure economic loss Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 10 14 Defences to negligence Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 11 15 Damages for personal injuries and alternative systems of compensation Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 12 16 Vicarious liability Seminar (3 hr) LO1 LO2 LO3 LO4 LO5
Week 13 17 Concurrent and proportionate liability Seminar (3 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance:ÌýAll students are required to attend at least 70%Ìýof tutorials to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).ÌýÌý

¸ßÇ帣ÀûƬ commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The prescribed casebook is B McDonald, D Rolph, P Crossley and G Turton, Cases on Torts (Federation Press, 7th ed, 2023). Where a case is designated as required reading, students are only expected to read the casebook extract.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Identify and describe theories and policies underpinning the operation of tort law and demonstrate a systematic understanding of the law of torts in its social context.
  • LO2. Apply case analysis and statutory interpretation skills, drawing on the historical development of the law, to explain current legal principles.
  • LO3. Apply problem-solving skills to develop solutions to hypothetical legal problems.
  • LO4. Develop persuasive, logically structured legal arguments using plain, concise language.
  • LO5. Communicate information and arguments about tort law to a range of audiences.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Revisions have been made to the scheduling of topics in the lectures and tutorials. Tutorial questions have been revised to allow adequate time for discussion in tutorials. The mid-semester assessment will be an in-semester test in week 7 to provide the opportunity for timely feedback while avoiding overlapping with assessments in other units of study.

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

To help you understand common terms that we use at the University, we offer an .