Course Title: Apply legal principles in contract and consumer law

Part B: Course Detail

Teaching Period: Term1 2021

Course Code: LAW5732C

Course Title: Apply legal principles in contract and consumer law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6163 - Advanced Diploma of Accounting

Course Contact: Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email: doug.gourlay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Anthony Di Stasio

anthony.distasio@rmit.edu.au

 

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

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.


Teaching Schedule

 Week

Topic

Assessment

Week 1

Introduction Australian Legal System/Parliament

  

Week 2

Australian Legal System/Courts

 

Week 3

Australian Legal System/Disputes

  

Week 4

Torts/Negligence

  

Week 5

Australian Consumer Law (ACL) & ACCC

 

Week 6

ACL- Misleading & Deceptive Practices

  

Week 7

Australian Consumer Law (ACL)

Assessment 1 Due

Week 8

Contract Introduction

  

Week 9

 

In-Class Work

 

Week 10

Mid Term Break 19- 28 April

  

Week 11

Contract law Elements 1-3

Contract Law Elements 3-6

Assessment 2 Due

Week 12

Contract Law Applied

  

Week 13

Agency

  

Week 14

REVISION 

  

Week 15

In Class Case Studies 

 Assessment 3 Due


Learning Resources

Prescribed Texts


References


Other Resources


Overview of Assessment

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

There are three (3) assessments which you will need to complete to be assessed as satisfactory in this subject.

  1. Contract & Consumer Law - due Week 7
  1. Resolving Contract Matters - due Week 11
  1. Understanding the ACL & ACCC - due Week 15


Assessment Matrix

The assessment matrix that maps all the assessment is available on CANVAS under Assignments.

All assessments will utilise a competency-based model and will be deemed as either Satisfactory or Not Yet Satisfactory. 

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 the Assessment task document that includes a declaration and statement of authorship.
  • 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.

 

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.

More Information:  https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

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.

More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

 

Resubmissions (VE Programs):

If you are found to be unsuccessful in a particular Course Assessment Task (or you do not submit/attend) you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. 

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.

Grading & re-submissions

Successful re-submissions will contribute a CAG only (Competency Achieved Grading) result to your overall grade for the course.

 

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:

https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

 

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.

 

Course Overview: Access Course Overview