LEGAL207-21D (HAM)

Torts

30 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
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Paper Description

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It is available to students taking the LLB degree and to those taking the Diploma in Law.

LLB:

This paper covers general principles of civil liability, the law as to various kinds of torts such as negligence, specific torts such as nuisance, land tort, trespass, defamation; and the law relating to compensation for personal injury by accident in New Zealand.

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Paper Structure

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This is a two-trimester paper that comprises one two-hour lecture on Wednesday and one one-hour lecture on Thursday.

The lecture hours are:

  • 3 pm-5 pm on Wednesday in LG.01 and
  • 11 am-12 pm on Thursday in ELT.01.

Mobile phones must be switched off during lectures. Recordings of the lectures will be made available to Diploma students. Additional material will be put on Moodle from time to time.

The delivery of the lectures is in FLEXI mode, which means that students may attend the lecture in person or join a Zoom live stream of the lecture. Lectures will be recorded and made available following the lecture.

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Demonstrate a conceptual understanding of the torts and compensation systems and an understanding of their historical development and the policies they reflect;
    Linked to the following assessments:
  • Demonstrate familiarity with the structure and sources of the law of torts and compensation and be able to handle and advise upon both specific problems and future law changes;
    Linked to the following assessments:
  • Demonstrate detailed knowledge of the main rules of current law governing specific torts, and the remedies available;
    Linked to the following assessments:
  • Adopt a critical and constructive approach to torts relevant to New Zealand's future needs.
    Linked to the following assessments:
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Assessment

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Internal Assessment: 50% of the overall grade.

Final Online Exam: 50% of the overall grade.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Assessment: Negligence
21 May 2021
12:00 PM
20
  • Online: Submit through Moodle
2. Assessment: Land Torts
11 Jun 2021
12:00 PM
15
  • Online: Submit through Moodle
3. Assessment: Trespass to person
27 Aug 2021
12:00 AM
15
  • Online: Submit through Moodle
4. Exam
50
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students must acquire a copy of Alice Coppard, Geoff McLay, Christopher Murray, Jonathan Orpin-Dowell, New Zealand Law Style Guide, (3rd ed, Thomson Reuters, Wellington, 2018) made available from Bennetts. A link to view the New Zealand Law Style Guide is available on Moodle for this paper.

In addition to the texts identified below, students can purchase the course materials books (1 & 2 ) for this paper from Waikato Print or view the cases online (Moodle) for downloading or printing.

Students should have access to:

  • S Todd Todd on Torts (Thomson Reuters, Wellington, 2019) (Highly recommended)
  • Accident Compensation Act 2001
  • Defamation Act 1992.
  • Parliamentary Privilege Act 2014
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Recommended Readings

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Students may also wish to use:

  • WR Atkin, G McLay and D Neild Torts in New Zealand - Cases and Materials (5th ed, Oxford University Press, Melbourne, 2012);
  • D Tennent Accident Compensation Law (LexisNexis, Wellington, 2013)

The appropriate Materials book plus legislation should be brought to all lectures and tutorials.

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

The University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed, or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished, or re-disseminated in any manner or form without the prior written consent of the University of Waikato. To obtain such consent, please contact Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to the Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 300 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.

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Linkages to Other Papers

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Laws 207 Torts and Laws 302 Torts are equivalent papers and Torts is a core requirement of the LLB degree.

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Prerequisite(s)

Prerequisite papers: LEGAL103 and LEGAL104; or LAWS103.

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS207, LAWS302

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