Course Title: Consumer Protection Law

Part B: Course Detail

Teaching Period: Term1 2009

Course Code: LAW5111

Course Title: Consumer Protection Law

School: 650T TAFE Business

Campus: City Campus

Program: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : John Marshall

Course Contact Phone: +61 3 9925 5453

Course Contact Email:j.marshall@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

John Marshall

Phone 99255453

Email    j.marshall@rmit.edu.au

Nominal Hours: 51

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

LAW5040 Legal Process [VBM898]
LAW5043 Law of Contract [VBM895]

Course Description

This module covers need for consumer protection, obligations of suppliers of goods and services, liabilities of manufacturers for faulty or unsafe products, product safety and product information, occupational licensing, consumer credit, redress for consumer complaints.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM905 Consumer Protection Law


Learning Outcomes


1. Analyse and assess the need for consumer protection and outline the areas covered by consumer protection laws.
2. Identify and analyse the structure and main provisions of the Competition and Consumer Act 2010.
3. Analyse and assess the legal obligations of a supplier of goods or services and specify the use of exclusion clauses in relation to case study material.
4. Analyse and assess the obligations of manufacturers and the rights of consumers to compensation under the law of tort and the Competition and Consumer Act 2010 in relation to faulty products.
5. Analyse and outline the liability of manufacturers for unsafe products under Part VA of the Competition and Consumer Act 2010.
6. Analyse legislation improving product safety and product information standards.
7. Identify and analyse the types of credit available, their relative advantages and disadvantages, and the requirements on the part of the credit provider and the consumer.
8. Analyse and evaluate the bodies available to protect the rights of the consumer and discuss their operations.


Details of Learning Activities

Students will study Consumer Protection Law skills and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments.


Teaching Schedule

Week beginning Topics Assessment
Week 1 – 9 Feb Consumers and consumerism  
Week 2 – 16 Feb  Obligations of suppliers of goods and services – Trade Practices Act 1974 Part V, Div 2  
Week 3 – 23 Feb  Trade Practices Act 1974 Part V, Div 2 (cont)  
Week 4 – 2 Mar  Obligations of suppliers of goods and services – Fair Trading Act 1999 Part 2A  
Week 5 – 9<sup> </sup> Mar Obligations of suppliers of goods and services <font size="2">Goods Act 1958 </font>  
Week 6 – 16<sup> </sup>Mar  Liability of manufacturers for faulty good Trade Practices Act 1974Part V Div 2A of TPA  
 Week 7 – 23 March  Liability of manufacturers for unsafe goods - Trade Practices Act 1974 Part VA  
 Week 8 – 30<sup> </sup>March  First test  40% open book
 Week 9 – 6<sup> </sup>April  Liability for false and misleading conduct or false representations under the Trade Practices Act and the Fair Trade Act  
Mid semester Break (Student Vacation) - 9th to 15th April    
 Week 10 – 20 April  Liability for false and misleading conduct or false representations under the Trade Practices Act and the Fair Trade Act (cont)  
 Week 11 – 27<sup> </sup>April  Product safety and product information – Trade Practices Act 1974 Part V Div 1A   
 Week 12 – 4 May  Product safety and product information – Trade Practices Act 1974 Part V Div 1A  (Cont)  
 Week 13 – 11 May  Consumer credit  
 Week 14 – 18<sup> </sup>May  Consumer protection bodies  
 Week 15 – 25<sup> </sup>May  Consumer protection bodies  
 Week 16 - 1 June  <font size="2">Course review</font>  
 Week 17 – 8 June  <font size="2">Final Exam</font>  50% Open Book
 Week 18 - 15 June  Review and feedback session  
     


Learning Resources

Prescribed Texts

The prescribed text will be advised in the first class


References


Other Resources

Texts
Barron & Fletcher, Fundamentals of Business Law, 4th ed, Mc Graw Hill.
Clark B and Sweeney B, Marketing and the Law 3rd ed LexisNexis Butterworths 2006
Gibson A and Fraser D, Business Law 2nd ed Sydney: Prentice Hall 2005
Gibson and Fraser, Commercial Law, Longman
Gillies, P. Business Law
Latimer, P. Australian Business Law
Pentony, B. Graw, S. Lennard, J. & Parker, D. Understanding Business Law
Sweeney, B. & O’Reilly, J. Law in Commerce
Turner, C. Australian Commercial Law
Vermeesch, RB. & Lindgren, KE. Business Law of Australia
Vickery, R. & Pendleton, W. Australian Business Law
Legislation
Fair Trading Act 1999 (Vic)

Goods Act 1958 (Vic)

Small Claims Act 1973 (Vic)

Trade Practices Act 1974 (Clth)

Victorian Civil and Administrative Tribunal Act 1998 (Vic)
Online Resources
Australian Legal Sites (http://acclaw.bf.rmit.edu.au/legal)

Austlii (http://www.austlii.edu.au)

CCH Online (http://www.cch.com.au) (Access via RMIT library Search it)
Australian Contract Law Reporter
Australian Torts Reporter
Australian Trade Practices Reporter

ComLaw (http://www.comlaw.gov.au)

Consumer Affairs Victoria (http://www.consumer.vic.gov.au)

LexisNexis AU (http://www.lexisnexis.com/au/legal) (Access via Search it)

Victorian Civil and Administrative Tribunal (http://www.vcat.vic.gov.au)

Victorian Law Today (http://www.dms.dpc.vic.gov.au)


Overview of Assessment

Assessment will consist of written tests and an assignment.


Assessment Tasks

Two tests of 40% and 50% respectively, with a maximum of 10% for inclass response to pre prepared questions.


Assessment Matrix

Learning outcome x x
1. Analyse and assess the need for consumer protection and outline the areas covered by consumer protection laws x x
2. Analyse and assess the legal obligations of a supplier of goods or services and specify the use of exclusion clauses in relation to case study material x x
3. Analyse and assess the obligations of manufacturers and the rights of consumers to compensation under the law of tort and the Trade Practices Act 1974 in relation to faulty products. x x
4. Analyse and outline the liability of manufacturers for unsafe products under Part VA of the Trade Practices Act 1974   x
5. Analyse legislation improving product safety and product information standards   x
6. Analyse and assess the need for the licensing of certain occupational groups   x
7. Identify and analyse the types of credit available, their relative advantages and disadvantages, and the requirements on the part of the credit provider and the consumer   x
8. Analyse and evaluate the bodies available to protect the rights of the consumer and discuss their operations   x

Course Overview: Access Course Overview