Year
2021Credit points
10Campus offering
No unit offerings are currently available for this unit.Prerequisites
LAWS104 Foundations of Law and Legal Research , LAWS206 Torts
Teaching organisation
4 hours per week for twelve weeks or equivalent.Unit rationale, description and aim
This unit examines false or misleading representations, misleading or deceptive conduct and manufacturer’s liability under the Australian Consumer Law (ACL). The unit also examines the law of defamation and a wide range of economic torts, including passing off, tort of deceit, negligent misstatements, and injurious falsehood.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
On successful completion of this unit, students should be able to:
LO1 - Describe and critically evaluate the law relating to false or misleading conduct and economic torts (GA4, GA5, GA9, GA10)
LO2 - Identify relevant legal issues and apply the law to factual situations; and thereby advise clients and others of their rights and obligations in those situations (GA3, GA4, GA5, GA6, GA7)
LO3 - Compare and contrast Australian law with that in other jurisdictions and evaluate its effectiveness (GA4, GA6).
Graduate attributes
GA3 - apply ethical perspectives in informed decision making
GA4 - think critically and reflectively
GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession
GA6 - solve problems in a variety of settings taking local and international perspectives into account
GA7 - work both autonomously and collaboratively
GA9 - demonstrate effective communication in oral and written English language and visual media
GA10 - utilise information and communication and other relevant technologies effectively.
Content
Topics in this course will include misleading or deceptive conduct, economic torts, and product liability; and more specifically:
- Torts of misrepresentation –
- Negligent misrepresentation
- Deceit
- Injurious falsehood
- Passing off
- Statutory Misleading or Deceptive Conduct
- General economic torts
- Inducement to breach of contract
- Interference with contractual relations
- Intentional inducement of other wrongs, conspiracy
- Defamation
- Manufacturers’ liability
- Unsatisfactory products
- Product safety
- Defective products.
Learning and teaching strategy and rationale
Mode:Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.
Duration: 4 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.
This level two compulsory Law unit allows students to demonstrate knowledge, skills and understanding in a specialist area of law to meet the requirements of accreditation.
Our strategy is to encourage students to creatively engage with unit content and to apply fundamental legal knowledge, skills and understandings to address legal problems.
The unit is designed to be delivered in intensive, weekly or online mode. We have taken a blended learning approach to provide accessibility and flexibility to our students and a student focused approach that increases depth of learning and engagement through actively utilising LEO.
Assessment strategy and rationale
The assessment strategy is designed to assess knowledge, skills and understanding in a specialist area of law required for accreditation.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed.
Overview of assessments
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes | Graduate Attributes |
|---|---|---|---|
Communication and engagement: Students are required to participate in tutorials, in recognition that the development of skills in referencing and analysing research materials is assisted by participation in weekly tutorials. A rubric will be utilised to assess students. | 20% | LO1, LO2 | GA5, GA6, GA7 |
Assignment: Students are required to research and write an assignment on a given topic. This assignment recognises the need for developing skills in locating, referencing, analysing research materials and training in legal writing skills. A rubric will be utilised for this assessment. | 40 % | LO1, LO2, LO3 | GA3, GA4, GA5, GA6, GA9, GA10. |
Take-home Examination: Students are required to complete a final take-home paper, which will consist of problem questions. | 40 % | LO1, LO2 | GA4, GA5, GA6, GA7, GA9. |
Representative texts and references
Coorey, Adrian, Australian Consumer Law (LexisNexis Butterworths, 2015).
Davies, Martin & Malkin, Ian, Focus Torts (LexisNexis Butterworths, 7th edn, 2015).
Bruce, Alex, Consumer Protection Law in Australia (Lexis Nexis Butterworths, 2nd edn, 2014)
Balkin, R P and Davis, J L R, Law of Torts (Lexis Nexis ,5th edn, 2013)
Barker, K; Cane, P; Lunney, M; and Trindade, F, The Law of Torts in Australia (Oxford, 5th edn, 2012)
Clarke, Bruce; Sweeney, Brendan; and Bender, Mark, Marketing and the Law, (LexisNexis, 5th edn, 2015)
Corones, Stephen and Clarke, Philip, The Australian Consumer Law: Commentary and Materials (Thomson Reuters, 5th edn, 2015)
Davies and Malkin, Torts (Lexis Nexis Butterworths, 6th edn, 2012)
Sappideen, Carolyn and Vines, Prue, Fleming’s The Law of Torts (Law Book Company, 10th edn, 2011)