LAWS6227: Consumer Contracts and Product Defects

Structured Class Participation 10%

Students are expected to be involved in class discussions each day of this intensive unit and will not pass this assessment merely based on attendance. Students will be asked random questions in class starting in Day 1, so it is important that students have completed the required reading before each class. Discussion is welcome on comparative consumer laws from other jurisdictions. 

Class participation develops students' understanding of the material and their analytical and problem-solving skills. It develops their ability to think critically and provides instant and continuous feedback on their progress.

The following factors will be taken into account in assessing class participation:

• Quality of preparation judged by consistency and evidence of reading analysis and understanding;
• Quality of contribution to discussion judged by relevance of comments, ability to identify issues, analysis and application of relevant law, awareness of ethical values, ability to present a persuasive argument and ability to communicate effectively; and
• Attitude to learning and the subject.

Infrequent but high quality contributions will be more favourably regarded than poorly informed or ill-considered contributions. The quality of questions will be noted.

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. 

Class Presentation 20%:

Students will deliver a 5-minute class presentation on a Federal Court, Full Federal Court or High Court case on any topic in Australian Consumer Law. Students should use slides in Power-point, up to a maximum of 5 slides. 

Presentations will commence from Day 2 and continue to Day 4. Presentations will be evenly spread over these classes and allocated by the seminar leader.  

The presentation should: (i) identify the key facts; (ii) explain the legal issue(s); (iii) discuss the judgement; and (iv) provide comments about the implications of the decision.

If a High Court case or a Full Federal Court case is selected, the presentation may also discuss the decision(s) of the lower court (briefly). Students do not have to discuss every legal issue in the case selected. Given the time constraints, students may narrow their presentation to one legal issue if they consider appropriate to do so. For example, if the case discusses both misleading conduct and unconscionable conduct, students may only wish to present on the unconscionable conduct issue.

Students will be assessed primarily on presentation skills and a demonstration of ‘mastery’ of the case. Presentations will be marked according to the criteria Rubric.

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. 

Short Problem Questions (short release) 20%:

Students will answer two short hypothetical problem questions. The word limit is 2,000 words (i.e. approximately 1,000 words for each question). No 10% leeway is provided. Footnotes are not included in the word count. No bibliography is required. 

The questions will be released on Canvas at 9am on 10 May 2024 and due at 7pm on 17 May 2024 (Sydney Australia time). 

The questions will be on the topics of misleading or deceptive conduct, false or misleading representations and other sharp practices.

Students will be assessed primarily on issue identification and application and analysis of the relevant law to the facts of the scenario.

Your answers will be marked according to a criteria Rubric.

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 (LO3) by requiring students to demonstrate how well they can identify and apply key provisions in the Australian Consumer Law to solve practical problems in the context of consumer contracts and defective products. 

Long Problem Questions (short release) 50%:

Students will answer two long hypothetical problem questions.

The word limit is 4,000 words (i.e. approximately 2,000 words each question). No 10% leeway is provided. Footnotes are not included in the word count. No bibliography is needed. 

The questions will be released at 9am on 24 May 2024 and due at 9am on 1 June 2024 (Sydney Australia time).

The questions will be on potentially all the topics of the unit of study.

Students will be assessed primarily on issue identification and application and analysis of the relevant law to the facts of the scenario. References to relevant Australian cases and legislation are required. 

Your answers will be marked according to a criteria Rubric.

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 (LO3) by requiring students to demonstrate how well they can identify and apply key provisions in the Australian Consumer Law to solve practical problems in the context of consumer contracts and defective products. 

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 and any bibliography (if required). 

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). The use of Studiosity does not breach this rule but must be acknowledged. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

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.