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.
Describe and critically evaluate the law relating ...
Learning Outcome 01
Identify relevant legal issues and apply the law t...
Learning Outcome 02
Compare and contrast Australian law with that in o...
Learning Outcome 03
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.
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
Communication and engagement: Students are requi...
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%
Assignment: Students are required to research an...
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 %
Take-home Examination: Students are required to c...
Take-home Examination:
Students are required to complete a final take-home paper, which will consist of problem questions.
40 %
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 multimodal 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 Canvas.
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)