Course Title: Consumer Protection Law

Part B: Course Detail

Teaching Period: Term2 2011

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

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 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 – 4 July	Consumers and consumerism - Historical development
Week 2 – 11 July	Structure of the Competition and Consumer Act 2010
Week 3 – 18 July	Role and effect of exclusion clauses. The concept of  supply chain liability
Week 4 – 25 July	Obligations of suppliers of goods and services under tort law and the Competition and Consumer Act 2010
Week 5 – 1 August	Obligations of suppliers of goods and services <font size="2">- Continued</font>
Week 6 – 8 August	Controls in unsolicited sales and unfair sales techniques.
Week 7 – 15 August	Liability of manufacturers for faulty and unsafe goods
Week 8 – 22 August	Week beginning 22 August     First test	30% open book
27 August to 4 September	Student vacation
Week 9 – 5 Spetember	Product recall, safety standards, bans and notices
Week 10– 12 September	Product safety and product information
Week 11– 19 Sept.	Product safety and product information
Week 12 – 26 Sept	E<font size="2">nforcement of consumer protection laws</font>
Week 13 – 3 October	Consumer credit
Week 14 – 10 October	Consumer Credit Continued
Week 15 – 17 October	Consumer protection bodies and review
Week 16 - 27 October	Final exam week	60% Open book
Week 17 –  31 October	<font size="2">resits/feedback</font>

  

    Assessment details

   Class activities 10%

   Test 1 30% Open Book. Short answer, multiple choice, and case study questions.

    Final exam  60% Open book. Short answer, multiple choice abd case study questions.

Learning Resources

Prescribed Texts

The Australian Consumer Law. Corones. First edition, Thompson Reuters Lawbook co.

9780455228563

References

Other Resources

Other Texts containing some Consumer Protection Law materials: 
Barron & Fletcher, Fundamentals of Business Law, Mc Graw Hill.
Clark B and Sweeney B, Marketing and the Law  LexisNexis Butterworths Latest edition
Gibson A and Fraser D, Business Law  Sydney: Prentice Hall 2008 
Gillies, P. Business Law
Latimer, P. Australian 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
Small Claims Act 1973 (Vic)
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

One open book test of 30% and a final open book exam of  60% respectively, with a maximum of 10% for in class response to pre prepared questions and in class participation..

Assessment Matrix

Learning outcome	x	x
1. Analyse and assess the need for consumer protection, its historical development and outline the areas covered by consumer protection laws, and the structure of teh Competition and Consumer Act 2010	x	x
2. Analyse and assess the legal obligations of a supplier of goods or services and expalin the legal effect of the use of exclusion clauses in relation to case study material, and explain the concept of supply chain liability.	x	x
3. Analyse and assess the obligations of manufacturers or suppliers in relation to unfair and unsolicited sales techniques and the rights of consumers under the law of tort and the Competition and Consumer Act 2010	x	x
4. Analyse and outline the liability of manufacturers for unsafe products under the Competition and Consumer Act 2010		x
5. Analyse legislation improving product safety and product information standards and recalls and bans, and enforcement processes.		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