Course Title: Apply legal principles in contract and consumer law
Part B: Course Detail
Teaching Period: Term1 2024
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 matters1.2 Research contract and consumer law and related legislation, regulation and practice1.3 Identify different types of relevant contract and consumer transactions, and clearly outline their legal context, establishment procedures and purpose1.4 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 matters2.2 Analyse how legal issues impact on different types of business structures and legal entities2.3 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 analysis3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client's circumstances3.3 Seek advice and guidance of specialist, if required, to interpret, analyse and synthesise client and legal information3.4 Provide advice to clients based on their circumstances and relevant law |
Element: |
4. Maintain legal knowledge |
Performance Criteria: |
4.1 Review clients circumstances and apply any changes in relevant aspects of contract or consumer law4.2 Review relevant legal sources regularly and apply any changes in daily work4.3 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.
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 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 lawby Penelope McCann2nd 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.
- Contract & Consumer Law - due Week 7
- Resolving Contract Matters - due Week 11
- 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:
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