Application
This unit describes the skills and knowledge required to assess, analyse, and evaluate tort law matters, and apply the principles of the law of torts.
The unit applies to individuals who provide support in a range of legal service settings with a degree of responsibility to plan and complete investigations.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
1. Prepare to apply principles of tort law | 1.1 Identify task requirements 1.2 Identify key tort law elements for analysis according to task requirements 1.3 Identify key provisions of legislation and common law, policies or procedures according to task requirements |
2. Apply principles of tort law | 2.1 Analyse legal matter for possible torts 2.2 Evaluate identified torts according to task requirements 2.3 Extract and document information relevant to task |
3. Finalise application of tort law | 3.1 Identify and document damages applicable for identified torts 3.2 Submit findings to designated person according to organisational policies and procedures 3.3 Analyse and amend findings with supervisor according to task requirements |
Evidence of Performance
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.
Evidence of Knowledge
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.
Assessment Conditions
Skills in this unit must be demonstrated in a workplace or simulated environment where the conditions are typical of those in a working environment in this industry.
This includes access to:
legislation and regulations relevant to tort law
sources of information on tort law.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.
Foundation Skills
Reading | Identifies, reviews and interprets complex legal text from a range of sources and determines how content may be applied in application of torts law |
Writing | Documents research findings, analyses and evaluations using format, language and structure suitable to audience and environment |
Oral Communication | Uses questioning and listening techniques to elicit information Presents factual information and recommendations using specific and relevant language and features |
Initiative and enterprise | Takes personal responsibility for following organisational policies and procedures |
Teamwork | Selects appropriate form, channel and mode of communication for a specific purpose relevant to own role |
Planning and organising | Plans, organises and implements tasks required to achieve organisational outcomes Makes a range of critical and non-critical decisions in relatively complex situations, analysing a range of factors to inform decision-making Uses formal analytical thinking techniques to identify issues and generate possible solutions |
Sectors
Technical Skills – Legal Services