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Elements and Performance Criteria

1. Prepare to apply principles of tort law
   • Identify task requirements
   • Identify key provisions of legislation and common law, policies or procedures according to task requirements
2. Apply principles of tort law
   • Analyse legal matter for possible torts
   • Evaluate identified torts according to task requirements
   • Extract and document information relevant to task
3. Finalise application of tort law
   • Identify and document damages applicable for identified torts
   • Submit findings to designated person according to organisational policies and procedures
   • Analyse and amend findings with supervisor according to task requirements

Performance Evidence

The candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:

apply legal principles in tort law matters on at least three occasions.

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Knowledge Evidence

The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:

commonly used legal terminology, institutions and main features of Australian legal system

distinctions between tort and crime, breach of contract, and other legal obligations

methods used to identify appropriate information about sources of Australian law

torts relating to:

negligence

negligent misrepresentation

person, goods and land

meaning of:

occupier’s liability

vicarious liability

law of defamation.

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