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Elements and Performance Criteria

1. Research legal aspects of contract and consumer law
   • 1.1 Identify client's circumstances that require advice on contract or consumer law matters
   • Research contract and consumer law and related legislation, regulation and practice
   • Identify different types of relevant contract and consumer transactions, and clearly outline their legal context, establishment procedures and purpose
   • Identify legal principles applying to contract and consumer matters that are relevant to client circumstances
2. Analyse legal issues and risks associated with operation of a business
   • Identify areas of risk in application of law in contract and consumer matters
   • Analyse how legal issues impact on different types of business structures and legal entities
   • Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different legal entities
3. Apply knowledge of contract and consumer laws to client circumstances
   • 3.1 Collect and collate client's available information for analysis
   • 3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client's circumstances
   • Seek advice and guidance of specialist, if required, to interpret, analyse and synthesise client and legal information
   • Provide advice to clients based on their circumstances and relevant law
4. Maintain legal knowledge
   • 4.1 Review client's circumstances and apply any changes in relevant aspects of contract or consumer law
   • Review relevant legal sources regularly and apply any changes in daily work
   • Access and use systems for keeping up with changes and maintaining up-to-date knowledge about relevant legal aspects of contract or consumer law

Performance Evidence

Evidence of the ability to:

research for any changes to, or new, legislative requirements in relation to contract or consumer law relevant to the client's circumstances

apply current statute, common law and equitable principles in relation to contract and consumer laws that are relevant to the client's circumstances

present a recommendation to the client after considering the client’s circumstances and relevant aspects of contract and/or consumer laws.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

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Knowledge Evidence

To complete the unit requirements safely and effectively, the individual must:

explain the operation of the Australian legal systems and processes relevant to contract and consumer law including:

basic principles, current statute, common law and equitable principles

roles and responsibilities of key organisations

constitutional considerations

separation of powers

basic principles of contract law

basic principles of the law of torts, particularly relating to negligence and negligent misstatement

courts and regulatory bodies

explain how laws are enacted and their underlying policy aims, and how those laws may be interpreted by existing common law and equitable rules, and apply to property laws

examine legal concepts and scope of contract law with reference to:

formation – agreement and intention to create legal relations

formation – consideration, form, legality and capacity

contents – express terms, exclusion clauses

contents – implied terms, common law and statute (Commonwealth and state competition and consumer legislation)

vitiating elements – unconscionability, misrepresentation, capacity

discharge – remedies, including rescission for unconscionable conduct

agency

describe legal concepts and scope of consumer law

misleading and deceptive conduct:

function of the Competition and Consumer Act

role and jurisdiction of the Australian Competition and Consumer Commission (ACCC).

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