76023 Deceptive Trade Practices and Product Liability
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70211 Contracts AND 70311 Torts
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78123 Deceptive Trade Practices AND 78181 Deceptive Trade Practices
Description
In this subject students consider the operation of the action for misleading and deceptive conduct under the Australian Consumer Law (ACL) including its nature, limitations, comparison and inter-operation with other causes of action, remedies and enforcement.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand and apply the key concepts of Deceptive Trade Practices; |
|---|---|
| 2. | appreciate that the Trade Practices Act demands a 'norm of conduct' in commercial dealings; |
| 3. | demonstrate ability to identify, comprehend and relate relevance and importance of legal and factual issues and to develop argument in response to a problem in the context of Deceptive Trade Practices; |
| 4. | write a Research Paper on a Deceptive Trade Practices topic. |
Teaching and learning strategies
Strategy 1 The delivery of a series of lectures relating to the separate topics of the course.
Strategy 2 Preparation/independent study.
Strategy 3 Participation in class discussion.
Strategy 4 An assessment task in which you are required to write a research paper.
Strategy 5 An assessment task in which you are required to write and deliver a seminar paper on a topic.
Strategy 6 Assessment tasks in which you are required to answer questions evidencing your knowledge of the law relating to the separate topics of the course including the answering of questions which require you from a set of facts to:
(i) identify the legal issues (if any) raised by those facts;
(ii) state the current relevant law that applies to the facts;
(iii) apply the current relevant law to the facts; and
(iv) be able to draw conclusions.
Subject delivery
This subject is taught by way of three hour classes which involve a combination of lectures, seminar presentations and class discussions.
Content (topics)
This subject examines deceptive trade practices law in Australia through the operation of the consumer protection provisions Australian Consumer Law (ACL) which commenced in operation on 1 January 2011.
The topics which will be taught are as follows:
- Background to the ACL and s. 18
- Meaning of “trade and commerce”
- Meaning of “misleading or deceptive conduct”
- Limitations on application of the ACL
- Misleading and deceptive conduct involving competitors, rivals, political opponents
- Misleading and deceptive conduct involving a contractual relationship
- Silence as misleading or deceptive conduct
- Promises, predictions and future matters
- Disclaimer Clauses, reliance and causation
- Approach to assessment of damages for misleading or deceptive conduct
- Relief against persons involved in misleading or deceptive conduct – s. 4 of ACL
- The operation of contributory negligence and proportionate liability provisions of the CCA and the CLA with s. 18 claims
- Limitation issues
- Other remedies available under the ACL for misleading or deceptive conduct
- Injunction
- A comparison between a cause of action based on s. 18 and other causes of action in tort and contract and under Intellectual Property legislation
Assessment
Assessment task 1: Seminar Paper and Presentation
| Weight: | 40% |
|---|---|
| Criteria: | Delivery of a seminar paper through a class presentation (including assessment of research of the topic and engagement of the class). |
Assessment task 2: Class Test
| Weight: | 20% |
|---|---|
| Criteria: | A closed book examination of 80 minutes in which students will be asked to answer four questions which will be drawn from the areas covered by a pool of questions that will be provided to students in the first lecture on 30 July 2013 and on UTS Online. |
Assessment task 3: Major Essay
| Weight: | 40% |
|---|---|
| Length: | 3000 words |
| Criteria: | An essay on a topic of your choosing (2,700 to 3,300 words maximum). Your essay topic cannot be the same topic as your seminar paper topic. Prior approval must be obtained from the subject co-ordinator for your topic. |
Required texts
• Moore; Geoffrey, Deceptive Trade Practices, 2015 (6th Ed) (this book will be available for purchase during the first lecture or from Geoff - cost is $60
• The Australian Consumer Law (available online at http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html or http://www.comlaw.gov.au/Details/C2011C00003/Download)
• Competition and Consumer Act 2010 (Cth) (in particular Schedule 2 to the Act which contains the text of the ACL)
• Fair Trading Act 1987 (NSW)Part IV, Civil Liability Act 2004 (NSW)
• UTS Online (Deceptive Trade Practices): online.uts.edu.au
References
• Miller, Russell, Australian Competition and Consumer Law, 37th Edition, Law Book Company Australia, 2015
• Corones, Stephen, The Australian Consumer Law, Law Book Compnay Australia, 1st Edition, 2011
• Trade Practices Law: Competition and Consumer Law, Thomson Reuters, Looseleaf service (Commentary by Heydon, D) available online through UTS Library
• Commonwealth Government’s ACL website available at http://www.consumerlaw.gov.au/content/Content.aspx?doc=home.htm
Trade Practices Law Journal (Thomson Reuters) available online through UTS library
Other Materials: Reports, Journals and General References
- UTS Law Faculty Guide to Essay Writing: www.law.uts.edu.au/students/assessment/submitting.html
- UTS Coursework Assessment Policy & Procedure Manual: http://www.gsu.uts.edu.au/policies/coursewkassess.html
