Course Title: Apply legal principles in contract and consumer law

Part B: Course Detail

Teaching Period: Term1 2016

Course Code: LAW5732C

Course Title: Apply legal principles in contract and consumer law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6148 - Advanced Diploma of Accounting

Course Contact : Ben Sethia

Course Contact Phone: +61 3 9925 5982

Course Contact Email:ben.sethia@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Nominal Hours: 60

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

None

Course Description

This unit describes the skills and knowledge required to research, analyse and apply legal principles to provide advice on contract and consumer law implications to clients.

It applies to individuals whose job role involves the application of knowledge of contract and consumer law in the workplace.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. This unit is designed to meet educational requirements of the Tax Practitioner Board (TPB). Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

FNSTPB503 Apply legal principles in contract and consumer law

Element:

1. Research legal aspects of contract and consumer law

Performance Criteria:

1.1 Identify client’s circumstances that require advice on contract or consumer law matters
1.2 Research contract and consumer law and related legislation, regulation and practice
1.3 Identify different types of relevant contract and consumer transactions, and clearly outline their legal context, establishment procedures and purpose
1.4 Identify legal principles applying to contract and consumer matters that are relevant to client circumstances

Element:

2. Analyse legal issues and risks associated with operation of a business

Performance Criteria:

2.1 Identify areas of risk in application of law in contract and consumer matters
2.2 Analyse how legal issues impact on different types of business structures and legal entities
2.3 Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different legal entities

Element:

3. Apply knowledge of contract and consumer laws to client circumstances

Performance Criteria:

3.1 Collect and collate client’s available information for analysis
3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client’s circumstances
3.3 Seek advice and guidance of specialist, if required, to interpret, analyse and synthesise client and legal information
3.4 Provide advice to clients based on their circumstances and relevant law

Element:

4. Maintain legal knowledge

Performance Criteria:

4.1 Review client’s circumstances and apply any changes in relevant aspects of contract or consumer law
4.2 Review relevant legal sources regularly and apply any changes in daily work
4.3 Access and use systems for keeping up with changes and maintaining up-to-date knowledge about relevant legal aspects of contract or consumer law


Learning Outcomes



Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom based activities.

The self-paced activities will be delivered thought various technology platforms and include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom based activities will include group discussion, group problem solving activities and opportunities to practice your skills in a simulated/real workplace environment.
We expect you to participate and contribute in all scheduled learning activities.
 


Teaching Schedule

Induction Session


Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

 The Teaching Schedule for this course is as follows but please note that it is subject to change.

     Week Week CommencingTopics                                                             Assessment   
 1 08/02/16 Introduction to Law and the Australian Legal System 
 2 150/2/16 Introduction to Contract Law; Introduction to Australian Consumer Law (ACL) 
 3 22/02/16 Contract Formation: Elements of a Contract; Intention to Create Legal Relations 
 4 29/02/16 Contract Formation: Consideration; Capacity of Parties 
 5 07/03/16 Legality; illegal contractsAssessment 1: to be submitted by this date 
 6 14/03/16 Contract Terms: Express and Implied Terms 
 7a 21/03/16 Exemption (Exclusion) Clauses Assessment 1: returned; feedback
  24/03/16 - 30/03/2016 - Mid Semester Break 
 7b 28/03/16 Vitiating Factors: void and avoidable contracts: Part 1 
 804/04/16 Vitiating Factors: void and avoidable contracts: Part 2 
 911/04/16Discharge of Contracts: Part 1 
1018/04/16 Discharge of Contracts: Part 2 
 1125/04/16 Law of Agency: Part 1Assessment 2: Research Assignment to be submitted by this date
 1202/05/16 Law of Agency: Part 2 
 1309/05/16 Misleading and Deceptive Conduct: Part 1 
 1416/05/16 Misleading and Deceptive Conduct: Part 2 Assessment 2: returned; feedback
1523/05/16 Revision 
 1630/05/16 Final Assessment: open book examinationAssessment 3: Final Assessment to be completed in class time under exam conditions

The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes bit also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence

 Evidence of the ability to:

  • research for any changes to, or new, legislative requirements in relation to contract or consumer law relevant to the client’s circumstances
  • apply current statute, common law and equitable principles in relation to contract and consumer laws that are relevant to the client’s circumstances
  • present a recommendation to the client after considering the client’s circumstances and relevant aspects of contract and/or consumer laws

Knowledge Evidence

To complete the unit requirements safely and effectively, you must:

  • explain the operation of the Australian legal systems and processes relevant to contract and consumer law including:
    • basic principles, current statute, common law and equitable principles
    • roles and responsibilities of key organisations
    • constitutional considerations
    • separation of powers
    • basic principles of contract law
    • basic principles of the law of torts, particularly relating to negligence and negligent misstatement
    • courts and regulatory bodies
  • explain how laws are enacted and their underlying policy aims, and how those laws may be interpreted by existing common law and equitable rules, and apply to property laws
  • examine legal concepts and scope of contract law with reference to:
    • formation – agreement and intention to create legal relations
    • formation – consideration, form, legality and capacity
    • contents – express terms, exclusion clauses
    • contents – implied terms, common law and statute (Commonwealth and state competition and consumer legislation)
    • vitiating elements – unconscionability, misrepresentation, capacity
    • discharge – remedies, including rescission for unconscionable conduct
    • agency
  • describe legal concepts and scope of consumer law
  • misleading and deceptive conduct:
  • function of the Competition and Consumer Act
  • role and jurisdiction of the Australian Competition and Consumer Commission (ACCC)

Assessment Conditions

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the tax and legal fields of work and include access to:

  • office equipment, technology, software and consumables
  • relevant legislation, regulations and codes of practice

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback

Feedback will be provided throughout the semester in class and/or online discussions.  You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.

You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.


Assessment Tasks

Overview of Assessment 

The assessments for this course have been designed to allow participants  apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.

 

TASK 1 (Due Date: End of  Week 5 )

For this Assessment Task you are required to answer four (4) questions. Your answers are to be 200 (minimum) to 300 (maximum) words in length.


TASK 2 (Due Date: End of Week 11)

For this assessment task you are required to undertake independent research in the areas of contract and consumer law, and apply this research to answer a series of questions in accordance with the instructions provided.

 

TASK 3 (Due Date: End of Week 16)

For this assessment task you will be required to answer (a) multiple choice (b) short answer and (c) short advice -type questions under exam conditions.

 

You must successfully complete all assessment tasks to achieve competency.


Assessment Matrix

Other Information

Submission Requirements

You should:

• Ensure that you submit assessments on or before the due date.
• Always retain a copy of your assessment tasks. (hard copy and soft copy)
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on blackboard.
• Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, Callie Harvey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Late Submission Procedures


You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.


If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. <check links are still current>


More Information: http://www.rmit.edu.au/students/assessment/extension


Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf


Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. <check links are still current>
 

More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w


Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf


Resubmissions (VET Programs):


If you are found to be unsuccessful in a Course Assessment Task you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is “CAG”.


If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.


Adjustments to Assessment


In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website: <check link is still current>
More Information: http://rmit.edu.au/browse;ID=7usdbki1fjf31

Marking Guide (Competency):

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.


Marking Guide (Grading)

After achieving competency we then grade your performance in the unit and you will achieve one of the following grades:

Final Grades table:


CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment


Further information regarding the application of the grading criteria will be provided by your teacher.
 

Course Overview: Access Course Overview