78123 Deceptive Trade Practices
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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: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78181 Deceptive Trade Practices
Description
This subject examines deceptive trade practices law in Australia, including the meaning of trade and commerce, the meaning of misleading or deceptive conduct, and the remedies available where there has been misleading or deceptive conduct.
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 Australian Consumer Law demands a 'norm of conduct' in commercial dealings; |
| 3. | 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. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
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 discussion.
The timetabled activities for this subject can be found on the UTS timetable online at http://timetable.uts.edu.au. Students enrolled in this subject can view their personalised timetabled in My Subject Activities online at https://mysubjects.uts.edu.au. (optional; enter details below)
Lecture Format
Lectures will cover topics as per the subject outline.
Expectation of Student Participation
Students will be expected to participate in discussion in relation to each seminar presentation and at lectures.
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: Case Analysis Exercise
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 10% |
| 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 2: Seminar Paper and Presentation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 40% |
| Length: | 2000 words |
| Criteria: | Delivery of a seminar paper through a class presentation (including assessment of research of the topic and engagement of the class). |
Assessment task 3: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 10% |
| Length: | 5000 words |
| Criteria: | Students will be specifically allocated marks for their participation in the discussion arising from other students’ class presentations. |
Required texts
• Moore; Geoffrey, Deceptive Trade Practices, 2012 (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, 35th Edition, Law Book Company Australia
• 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
