Course Title: Consumer protection law
Part B: Course Detail
Teaching Period: Term2 2011
Course Code: LAW5197
Course Title: Consumer protection law
School: 650T TAFE Business
Campus: City Campus
Program: C6106 - Advanced Diploma of Legal Practice
Course Contact : Doug Gourlay
Course Contact Phone: +61 3 9925 5944
Course Contact Email:firstname.lastname@example.org
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
Pre-requisites: VU20111 Legal Process and VU20108 Law of Contract
To enable the learner to identify, examine areas of the law which relate to consumers, sellers and manufacturers as skills relevant to working in a legal office, a Legal Aid provider, government department, financial institution or other area dealing with consumers, suppliers of goods or services or manufacturers.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title:
VU20121 Consumer protection law
Learning Outcome 1 - Analyse and assess the need for consumer protection and outline the areas covered by consumer protection laws.
1.1 Define the term “consumer” and identify persons who may be considered consumers.
1.2 Determine and discuss the factors that result in consumers requiring legal protection.
1.3 Assess the areas of conduct regulated by consumer protection laws.
1.4 Analyse the relationship between Commonwealth and State consumer protection laws.
Learning Outcome 2 - Analyse and evaluate the legislative controls on unconscionable conduct, misleading or deceptive conduct, false or misleading representations and other unfair practices under Part V Division 1 of the Trade Practices Act 1974 (Cth), Part 2 and Part 2B of the Fair Trading Act 1999 (Vic).
2.1 Analyse the circumstances amounting to unconscionable conduct.
2.2 Analyse the liability for misleading and deceptive conduct.
2.3 Analyse the circumstances amounting to ‘false or misleading representation’, and determine the legal consequences that apply.
2.4 Determine other types of unfair practices prohibited.
2.5 Evaluate unfair terms in consumer contracts with reference to the definition of ‘unfair term’ and consequences of unfair terms in consumer contracts.
2.6 Analyse and evaluate the various penalties imposed and remedies available under the legislation. Analyse and compare a specific remedy penalty to a relevant case example.
Learning Outcome 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.
3.1 Assess the implications of the law of contract for the sale of goods and services, with specific reference to terms and representations, conditions, warranties and implied terms.
3.2 Evaluate the use of exclusion clauses, including the requirements in relation to notice and the rules relating to interpretation of clauses.
3.3 Analyse Part V Division 2 of the Trade Practice Act 1974 and Part 2A of the Fair Trading Act 1999 with specific reference to the definition of consumer, implied terms relating to the supply of goods, and implied terms relating to the supply of services and remedies.
3.4 Analyse Part I of the Goods Act 1958, with specific reference to the definition of a sale of goods, rules as to delivery of goods, remedies and transfer of ownership.
Learning Outcome 4 - 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.
4.1 Analyse the situations in which a manufacturer can be liable for a faulty product under the law of torts.
4.2 Assess Part V, Division 2A of the Trade Practices Act 1974, with specific reference to persons entitled to compensation, types of goods covered, definition of manufacturer and circumstances in which rights to compensation arise.
4.3 Determine the grounds on which a consumer is entitled to compensation under the Act.
4.4 Determine and consider any exclusions from the right to compensation and limitation of liability.
4.5 Assess the sellers indemnity from the manufacturer.
Learning Outcome 5 - Analyse and outline the liability of manufacturers for unsafe products under Part VA of the Trade Practices Act 1974.
5.1 Determine and specify the reasons why Part VA of the Trade Practices Act 1974 was enacted.
5.2 Outline the circumstances under which a manufacturer is liable with specific reference to definition of manufacturer and situation where manufacturer is unknown.
5.3 Analyse the circumstances under which goods will be found defective, with specific reference to definition of defect and circumstances to be taken into account.
5.4 Determine and specify the types of injury loss or damage for which a manufacturer may be liable.
5.5 Outline the defences available to a manufacturer.
5.6 Assess the time limits on claims for compensation.
Learning Outcome 6 - Analyse legislation improving product safety and product information standards.
6.1 Analyse the reasons for imposing product safety and product information standards.
6.2 Determine the product safety and product information scheme established under Part V Division 1A of the Trade Practices Act 1974 and Part 3 of the Fair Trading Act 1999 with specific reference to Minister responsible and Administration of the scheme.
6.3 Identify and specify the powers of the Minister.
6.4 Evaluate the requirements in relation to publication of draft notices and conferences, with specific reference to advertisements or notice to suppliers, conferences and situation where goods are declared ‘dangerous’.
6.5 Identify and outline the consequences of failing to comply with a product safety notice, with specific reference to offences and civil actions.
6.6 Determine the authority conferred by Part V Division 1A of the Trade Practices Act 1974 to make regulations prescribing product safety.
6.7 Demonstrate the powers conferred by Part 3 of the Fair Trading Act 1999(Vic) in relation to product safety with specific reference to interim orders, permanent orders and product safety regulations.
Learning Outcome 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.
7.1 Identify types of consumer credit, evaluating the advantages and disadvantages of each.
7.2 Analyse the provisions of the Consumer Credit Code.
7.3 Analyse, in relation to case study material, the provision of security for credit by a mortgage over goods.
7.4 Determine and specify, in relation to case study material, the courses of action open to a consumer if the consumer fails or is unable to repay credit.
Learning Outcome 8 - Analyse and evaluate the bodies available to protect the rights of the consumer and discuss their operations.
8.1 Outline the composition and operations of Consumer Affairs Victoria (Vic) and the Australian Competition and Consumer Commission (Cth) with reference to areas covered and services provided.
8.2 Analyse the composition and jurisdiction of the Victorian Civil and Administrative Tribunal ; VCAT
8.3 Evaluate the process of making a relevant claim through the VCAT, using relevant case study material.
8.4 Analyse the relevant provisions of the Victorian Civil and Administrative Tribunal Act 1998(Vic) & Fair Trading Act 1999 (Vic) with specific reference to the tribunal, its areas of operation, procedure and orders.
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 will take place in the classroom using lectures and tutorials.
|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"></font>|
Class participation 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.
The Australian Consumer Law. Corones. First edition, Thompson Reuters Lawbook co.
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)
Australian Legal Sites (http://acclaw.bf.rmit.edu.au/legal)
CCH Online (http://www.cch.com.au) (Access via RMIT library Search it)
Australian Contract Law Reporter
Australian Torts Reporter
Australian Trade Practices Reporter
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 methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, for example:
• tests/final examination
• case studies
Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant curriculum standards are being met. Students will be provided with feedback throughout the course to check their progress.
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..
|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|
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