Course Title: Apply legal principles in contract and consumer law

Part B: Course Detail

Teaching Period: Term2 2023

Course Code: LAW5732C

Course Title: Apply legal principles in contract and consumer law

School: 525T Business & Enterprise

Campus: City Campus

Program: C6181 - 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

There are no pre-requisites for this unit.

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

Contract & Consumer Law will be delivered through face-to-face classes and by accessing materials and resources here in Canvas. Online research is strongly encouraged during class as we need to be up-to date on legal issues.

RMIT offers a variety of learning and teaching approaches including group discussions, tutorials, workplace simulated projects, online quizzes, role plays and case studies.

We expect you to participate and contribute in all scheduled learning activities.


Teaching Schedule

Week

Topic

Assessment

 

 

 

Week 1

Introduction to course

 Pre-class work:

·       Watching the welcome video to familiarise with the course and Canvas shell navigation

·       Reading help and support information

·       Understanding RMIT policies and guidelines

·       Checking Collaborate Ultra- Student guide

·       Viewing Course guide information

·       Getting information on required learning resources

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

Contract Introduction

& Review Portfolio Exercises

 

Week 10

Contract law Elements 1-3

 

Week 11

 

Contract Law Elements 3-6

Assessment 2 Due

Week 12

Contract Law Applied

 

Week 13

Agency

  

Week 14

REVISION 

 

Week

15

Assessment 3

Assessment 3 Due

Week

16

Re submissions

 

Week

17

Re submissions

 

Week

18

 Resulting

 


Learning Resources

Prescribed Texts

Contract and Consumer Law by Penelope McCann 2nd Edition (January, 2019)

ISBN: 978-1-76073-067-3

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

Assessors must satisfy NVR/AQTF assessor requirements.

This unit is designed to meet the education requirements of the Tax Practitioner Board (TPB). Where registration with the TPB is sought, assessment must reflect the conditions described by the regulator which stipulate that a significant amount (at least 40%) must be completed under some form of independent supervision. Where recognition of prior learning (RPL) is used, it must also meet the requirements of the Board’s policy on RPL.

Details of requirements can be accessed on the TPB website at <http://www.tpb.gov.au>.

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 (Supervised)


Assessment Matrix

Assessment Matrix  

The assessment matrix that maps all the assessment is available on Canvas.

  Other Information  

Submission Requirements

  • 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 a footer with your name, student number, the title of the assessment, unit code and title and page numbers.

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task 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.

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

Extensions, Special Consideration and Adjustment to Assessments

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

Grade Criteria

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

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

Course Overview: Access Course Overview