FNSTPB503 — Apply legal principles in contract and consumer law

Elements & performance criteria

Performance evidence

• 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.

Knowledge evidence

• 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).

Foundation skills

• Learning: Identifies, plans and implements strategies to manage gaps in personal knowledge
• Reading: Critically analyses complex documentation from a variety of sources and consolidates information relating to specific criteria to determine requirements
• Writing: Prepares documents that are constructed logically, succinctly and accurately to express ideas and explore complex issues Completes organisational documents and correspondence using clear language and correct spelling, grammar and terminology
• Oral Communication: Participates in verbal exchanges using active listening and questioning techniques to elicit information from others and to confirm understanding
• Navigate the world of work: Develops and implements strategies that ensure organisational policy, procedures and regulatory requirements are being met Monitors and reviews the organisation’s policy, procedures and adherence to legislative requirements to implement and manage change Ensures knowledge of legislation and regulations is accurate, comprehensive and current to provide advice to others as required by role
• Interact with others: Influences and fosters a collaborative culture, facilitating a sense of commitment and workplace cohesion Shares knowledge, information and experience openly as an integral part of the working relationship
• Get the work done: Develops plans to manage relatively complex routine and non-routine tasks with an awareness of how they might contribute to broader strategy and goals Gathers and analyses data and seeks feedback to improve plans and processes Addresses complex problems involving multiple variables, using formal analytical and lateral thinking techniques, experience and knowledge to generate solutions Uses digital systems and technologies to enter, store or access information

Unit content sourced from training.gov.au — © Commonwealth of Australia, licensed under CC BY 4.0. Auditori is not affiliated with the Department of Employment and Workplace Relations.

Questions about assessing FNSTPB503