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Unit of study_

LAWS6227: Consumer Contracts and Product Defects

Intensive June, 2023 [Block mode] - Camperdown/Darlington, Sydney

This unit examines the special legal protection given to consumers under the Australian Consumer Law. The unit is concerned with aspects of the liability of suppliers of goods and services to consumers, sometimes called 'post-sale' consumer protection. An assessment will be made of the effectiveness of recent legislation in this field, and there will be comparative analysis referring similar laws in other jurisdiction such as the European Community directives, related developments in the Asia-Pacific (eg Japan), and some trends in the US.

Unit details and rules

Unit code LAWS6227
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS6024 or LAWS6025
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Jason Harris, jason.harris@sydney.edu.au
Lecturer(s) Gail Pearson, gail.pearson@sydney.edu.au
Type Description Weight Due Length
Presentation Class presentation
10min recorded presentation, 1000wd summary PLUS 2min in-class presentation
15% Ongoing Presentation 10min & 2min/1000wd summary
Outcomes assessed: LO1 LO3 LO2
Assignment Online posts
Students will be allocated 1 class to make 4 online postings
15% Ongoing 200-300 words per post / 5 working days
Outcomes assessed: LO1 LO3 LO2
Assignment Short release research essay annotated bibliography
Students will submit an annotated bibliography for their research essay
10% Week -01
Due date: 17 May 2023 at 09:00

Closing date: 31 May 2023
1500 words / 5 working days
Outcomes assessed: LO1 LO2
Assignment Research essay
Research essay from a list of topics or propose your own
60% Week 05
Due date: 19 Jun 2023 at 23:59

Closing date: 03 Jul 2023
4000 words / 40 calendar days
Outcomes assessed: LO1 LO2 LO3

Assessment summary

Online Posts 15%: Students will be allocated one class intensive day approximately 1 week before the class and will be expected to contribute at least 4 online postings (of 200-300 words each) by midnight the day before the intensive class. Each post should highlight personal insights from the required reading, build on contributions of others and/or relate the material discussed in the unit to current developments discussed in cases, articles or the media. This task is designed to ensure that students are prepared for each class by having completed the reading.

This assessment will satisfy Learning Outcome 1 (LO1) by requiring students to demonstrate their understanding of how the key provisions of the Australian Consumer Law operate as both Commonwealth and state laws across a range of consumer contracts. It will satisfy Learning Outcome 2 (LO2) by requiring students to identify and synthesize different stakeholder perspectives on how consumer law does and should apply to a range of situations involving consumer contracts and defective products in their work. It will satisfy Learning Outcome 3 (LO3) by requiring students to apply relevant Australian Consumer Law provisions to a range of common consumer contracts and sales involving defective products.

Class Presentation 15%: Students will record a 10 minute presentation that summarises an academic article selected by the student that is of relevance for one of the topics for the class intensive day allocated to that student. In addition, students will deliver a 2 minute brief summary of their recorded presentation in class on the due date allocated for their presentation and will provide a 1-2 page summary of the article (maximum of 1,000 words). Students will be randomly allocated a class day to deliver their presentation summary. A link to the recording and summary document must be emailed to the lecturer by 12 Noon the day before the relevant class. Students are expected to use the Library catalogue to find an academic article on any of the topics selected for their particular allocated class.

This task has 3 compulsory components:

  1. 10min recorded presentation 
  2. A written presentation summary of no more than 1000 words 
  3. A 2 minute in-class presentation summary of their recorded presentation 

If a student fails to complete any of these 3 requirements on their allocated class day they will need to seek special consideration and will be allocated an alternate task if granted consideration. An extension of time will not be granted for any of these 3 required elements. The alternate task will be at the discretion of the unit coordinator.

This assessment will satisfy Learning Outcome 1 (LO1) by requiring students to demonstrate their understanding of how the key provisions of the Australian Consumer Law operate as both Commonwealth and state laws across a range of consumer contracts. It will satisfy Learning Outcome 2 (LO2) by requiring students to identify and synthesize different stakeholder perspectives on how consumer law does and should apply to a range of situations involving consumer contracts and defective products in their work. It will satisfy Learning Outcome 3 (LO3) by requiring students to apply relevant Australian Consumer Law provisions to a range of common consumer contracts and sales involving defective products.

Short release research Essay Annotated Bibliography 10%: Students must complete an annotated bibliography of relevant, high quality primary and secondary sources that they intend to use for their research essay. At least 15 different sources must be included in the bibliography. Acceptable sources include: scholarly articles, cases, government or parliamentary reports and papers (including explanatory memoranda and statements), book chapters, online databases (such as loose leaf services on Lexis, Westlaw or CCH intelliconnect). Approximately 50-150 words on each source will be expected, with the annotation outlining the key points of the source, how the source was found and how the source material may be used in the essay. 1500 words maximum. This is due on 17 May 2023 by 9am.

This assessment will satisfy Learning Outcome 1 (LO1) by requiring students to demonstrate their understanding of how the key provisions of the Australian Consumer Law operate as both Commonwealth and state laws across a range of consumer contracts. It will satisfy Learning Outcome 2 (LO2) by requiring students to identify and synthesize different stakeholder perspectives on how consumer law does and should apply to a range of situations involving consumer contracts and defective products in their work. 

Research Essay 60%: Students will complete a research essay drawn from one of the sample topics provided on Canvas. Students may propose their own topic only with the prior permission of the unit coordinator. 4000 words maximum (not including footnotes or headings). The essay topics will be available from 10 May 2023 12pm and the essays are due by 19 June 2023 23:59.  

This assessment will satisfy Learning Outcome 1 (LO1) by requiring students to demonstrate their understanding of how the key provisions of the Australian Consumer Law operate as both Commonwealth and state laws across a range of consumer contracts. It will satisfy Learning Outcome 2 (LO2) by requiring students to identify and synthesize different stakeholder perspectives on how consumer law does and should apply to a range of situations involving consumer contracts and defective products in their work. It will satisfy Learning Outcome 3 (LO3) by requiring students to apply relevant Australian Consumer Law provisions to a range of common consumer contracts and sales involving defective products.

 

Special consideration: Students who receive a grant of Special Consideration may receive an alternative task at the discretion of the Unit Coordinator. 

Use of editors or proof-readers:

The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes, headings and any bibliography (if required).

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after the due time but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be applied subject to a grace period of 10 mins in case students have difficulty uploading documents. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing Day 1. The purpose and strategies of consumer protection law and regulation Seminar (6.5 hr) LO1 LO2 LO3
Day 2. The legal framework of the ACL; unfair and unconscionable contracts; consumer guarantees Seminar (6.5 hr) LO1 LO2 LO3
Day 3. The regulation of advertising and selling in relation to consumer contracts and defective products Seminar (6.5 hr) LO1 LO2 LO3
Day 4. Financial services and consumer credit Seminar (6.5 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.  

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Readings are listed in the Reading Guide document which will be available on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. to understand how the key provisions of the Australian Consumer Law operate as both Commonwealth and state laws across a range of consumer contracts
  • LO2. to identify and synthesize different stakeholder perspectives on how consumer law does and should apply to a range of situations involving consumer contracts and defective products
  • LO3. to research and apply relevant Australian Consumer Law provisions to a range of common consumer contracts and sales involving defective products

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered

Disclaimer

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