Course Title: Consumer Protection Law

Part B: Course Detail

Teaching Period: Term1 2010

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 beginningTopicsAssessment
Week 1 – 9 FebConsumers 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> MarObligations 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
 

Mid semester Break (Student Vacation) - 1st to 7th April

 
 Week 9 – 13<sup> </sup>April Liability for false and misleading conduct or false representations under the Trade Practices Act and the Fair Trade Act 
 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">Final Exam</font> 50% Open Book
 Week 17 – 8 June<font size="2"> Course review</font> 
 Week 18 - 15 June  Feedback session 
   

  

    Assessment details

   Class participation 10%

   Test 1 40% Open Book. Short answer, multiple choice, and case study questions.

    Final exam  50% Open book. Short answer, multiple choice abd case study questions.


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 (all legislation is available free on line via www.austlii.edu.au
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 outcomexx
1. Analyse and assess the need for consumer protection and outline the areas covered by consumer protection lawsxx
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 materialxx
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.xx
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