Program of work - Consumers

Option 1: Consumers 25% of course time (7-8 weeks)

Principal focus: Through the use of contemporary examples, students investigate the legal rights of consumers and the effectiveness of the law
in achieving justice for consumer.

Outcomes
H1 identifies and applies legal concepts and terminology
H3 analyses the operation of domestic and international legal systems
H4 evaluates the effectiveness of the legal system in addressing issues
H5 explains the role of law in encouraging cooperation and resolving conflict, as well as initiating and responding to change
H6. assesses the nature of the interrelationship between the legal system and society
H7. evaluates the effectiveness of the law in achieving justice
H8. locates, selects, organises, synthesises and analyses legal information from a variety of sources including legislation, cases, media,
international instruments and documents
H9. communicates legal information using well-structured and logical arguments
H10. analyses differing perspectives and interpretations of legal information and issues.

Themes and challenges to be incorporated throughout the topic:
• the role of the law in encouraging cooperation and resolving conflict in regard to consumers
• issues of compliance and non-compliance
• laws relating to consumers as a reflection of changing values and ethical standards
• the role of law reform in recognising the rights of consumers
• the effectiveness of legal and non-legal responses in achieving justice for consumers

Assessment: Extended response
General Resources: Legal Studies textbooks, newspapers, other media items, law journals, LSA journal and conference papers
LIAC - http://www.legalanswers.sl.nsw.gov.au/ Austlii – www.austlii.edu.au
Law Society – www.lawsociety.com.au ASIC – www.asic.gov.au; www.fido.gov.au; www.scamwatch.gov.au
Office of Fair Trading – www.fairtrading.nsw.gov.au ACCC – www.accc.gov.au

Themes and
Students learn about: Students learn to: Suggested teaching and learning strategies challenges
1. Nature of consumer
law

• the developing need • outline the 1. Class discussion: what is a consumer? Define consumer • laws relating to
for consumer developing (refer to Trade Practices Act (Cth); Fair Trading Act consumers as a
protection need for (NSW)). reflection of
• the definition of consumer changing values
consumer protection 2. Develop an overview of the development of consumer law. and ethical
Students summarise key developments. Resource: standards
www.austlii.edu.au

3. Activity: How shopping has changed over time. Complete • the role of the law
a web search and create a poster which demonstrates the in encouraging
progression over time, comparing similarities and cooperation and
differences in such things as packaging, opportunities for resolving
inspection/testing, range of products etc. conflict in regard
to consumers
4. Discuss implications of change: for consumers, the role of
the state, laissez-faire, caveat emptor, the level of
regulation

5. Activity: students share their own experiences of
scams/rip-offs and what they did in response. Discuss
well-known scams such as Nigerian scams, other online
scams and mobile phone scams. Resource:
www.scamwatch.gov.au

Themes and

• objectives of • outline the 1. Activity: in small groups, write down 3 points which
consumer laws objectives of describe the challenges facing consumers 150, 100, 50
consumer law years ago and today, then discuss as a class.

2. Compare the objectives of consumer laws to criminal law
(eg, restoring to same position vs. punishment)

3. Role play: acting out a scenario of a consumer purchasing
a faulty product in two different worlds – with consumer
laws and without consumer laws. Where does the balance
of power lie in each case?

4. contracts – types, • examine the 1. Class discussion or in pairs: students talk about the last • issues of
elements, terms, nature, function time they entered into a contract. What made it a contract? compliance and
exclusion clauses and regulation Class discussion to define a contract. non-compliance
of contracts
2. Identify elements of a legally binding contract using
textbook or other written resource. Represent this on a
mindmap. Class discussion on the reasons for the inclusion
of each element. Eg consideration, certainty. Examine case
law such as Carlill v Carbolic Smoke Ball Company
[1893] 1 QB 256

3. Apply this knowledge by identifying and labelling each
element in actual contracts. Resources: textbooks, sample
contracts, online contracts.

4. Activity: in groups, students draft their own contract.

Themes and
5. Use textbook/online research to write a short paragraph
each on written, oral and implied contracts. Use case
examples such as Balmain New Ferry Co Ltd v Robertson
(1906) 4 GLR 379.

6. Role play: students act out shopping scenarios to
demonstrate and discuss the nature of contractual terms –
express and implied; conditions and warranties.

7. Define the nature and purpose of exclusion clauses; discuss
legal protections in their application. (Thornton v Shoe
Lane Parking Ltd [1971] 2 QB 163). Think of common
examples of exclusion clauses. Discuss the circumstances
in which exclusion clauses may be unfair.

8. Field study or in students’ own time: at local shopping
centre, observe signs displaying refund/exchange policies
or other terms of purchase or entry into store. Make note of
any violations and exclusion clauses (see parking lot
conditions).

Resources: www.artslaw.com.au; www.business.gov.au;
www.lawsociety.com.au; www.accc.gov.au

• standards implied by 1. Before referring to the text, brainstorm the types of terms • the role of the law
statutes that might be implied into consumer contracts, then use the in encouraging
text to identify and describe such terms. Students think of cooperation and
hypothetical situations where the implied standards come resolving
into play. Students’ personal experiences can be discussed. conflict in regard
to consumers

Themes and
2. Discuss the reasons for the development of implied terms.

3. Consider the role of courts in the development of implied
terms, eg merchantable quality.

4. Examine the role of parliament with respect to implied
terms – refer to Trade Practices Act 1974 (Cth) (TPA),
Fair Trading Act 1987 (NSW) (FTA), and Sale of Goods
Act 1923 (NSW).

• unjust contracts: 1. Class discussion: The individual v the corporation. To • laws relating to
common law and what extent is there an imbalance of power? Link to consumers as a
statutory protection fairness, and the role of the law in redressing inequality. reflection of
changing values
2. Common law and statutory protection. Use case examples and ethical
such as Commercial Bank of Aust Ltd v Amadio (1983) standards
151 CLP 447; and legislation such as Contracts Review
Act 1980 (NSW) and the TPA. Students could consider
duress, undue influence, unconscionability and difficulties
faced by vulnerable groups.

3. Guest speaker: Solicitor from Consumer Credit Legal
Centre NSW to speak about unjust credit contracts and the
national credit legislation commencing 1 July 2010.
Resources: www.cclcnsw.org.au; www.creditcode.gov.au;
www.treasury.gov.au/consumercredit;
http://www.austlii.edu.au/au/other/liac/hot_topic/hottopic/2003/1/

4. Debate: “Contracts entered into by private parties should

Themes and
be free from state regulation.”

5. Essay: Investigate and evaluate the effectiveness of
common law and legislation in achieving justice for
disadvantaged groups in relation to unjust contracts.

• the role of negligence 1. Examine the case of Donoghue v Stevenson [1932] AC • the role of law
in consumer 562. Create comic strip summarising facts and judgment. reform in
protection Examine the importance of the development of the law of recognising the
negligence for consumer protection. Refer to rights of
contemporary examples – media search. consumers

2. Consider the Civil Liability Act 2002 (NSW) – initiate a
debate or discussion on the balance between an
individual’s rights to sue and the need to discourage
overzealous litigation.

3. Evaluate the effectiveness of negligence law in protecting
the consumer. Consider why statutory protection may also
be required.

• regulation of • evaluate the 1. Task: students find an article about advertising or • issues of
marketing and effectiveness of marketing reviews or complaints and summarise key compliance and
advertising: the regulation points. Resource: http://abc.gov.au/news/tag/advertising- non-compliance
statutory of marketing, and-marketing/; www.adstandards.com.au. Class
protection, non- advertising and discussion on issues examined in the articles and the
statutory controls product increasing need for consumer protection in advertising and
on advertising certification in marketing.
achieving
consumer 2. Examine statutory protection such as Trade Practices Act.

Themes and
protection Mention the role of the Australian Competition and
Consumer Commission (ACCC) and the Office of Fair
Trading (OFT). Refer to relevant cases such as Eveready
Australia Pty Limited v Gillette Australia Pty Limited
[1999] FCA 1824.

3. Examine non-statutory controls such as Advertising • the effectiveness
Standards Bureau. Find current examples. of legal and non-
legal responses
4. Writing task: ‘Evaluate the effectiveness of the regulation in achieving
of marketing and advertising in achieving consumer justice for
protection’. Ensure students integrate relevant examples consumers
into their response.

Resources: www.accc.gov.au
www.fairtrading.nsw.gov.au
www.austlii.edu.au
www.advertisingstandardsbureau.com.au

• occupational • examine the role 1. Define occupational licensing. What is its purpose?
licensing of occupational (Consider different types of regulation). Brainstorm a list
licensing in of occupations which require licensing, and why.
achieving
consumer 2. Discuss advantages and disadvantages of occupational
protection licensing. Develop a table and refer to specific examples

3. Investigate the requirements (referring to the relevant
regulating bodies) that need to be satisfied to become a
solicitor in NSW. Assess the effectiveness of these
requirements in protecting consumers.

Themes and

Resources: www.icac.nsw.gov.au (corruption risks in
occupational licensing)
www.parliament.nsw.gov.au
www.fairtrading.nsw.gov.au

2. Consumer redress
and remedies
• awareness and self- • recognise the 1. Determine the meaning of redress and remedies. • the role of the law
help importance of in encouraging
• state government awareness and 2. Research: In groups, describe the functions and remedies cooperation and
organisations self help provided by different organisations, listed below. Create an resolving
• federal government informative poster/brochure. conflict in regard
organisations • examine the to consumers
• industry range of – state bodies such as the Office of Fair Trading (OFT)
organisations different and the NSW Consumer Trader and Tenancy Tribunal • issues of
remedies (CTTT) compliance and
• the role of tribunals
available to – federal bodies such as the Australian Competition and non-compliance
and courts
• the role of non- consumers Consumer Commission; the Banking and Financial
Services and the Telecommunications Ombudsman; • laws relating to
government
the Australian Securities and Investment Commission consumers as a
organisations
(ASIC) reflection of
• the role of the media changing values
• evaluate the – non-government organisations such as the Australian
effectiveness of Consumers Association, (and Choice magazine); the and ethical
non-legal and NRMA, Arts Law Centre for Australia standards
legal measures – the courts at State and Federal level.
• the role of law
in achieving reform in
justice for 3. In response to a given scenario, consider the order in
which each strategy might be employed and distinguish recognising the

Themes and
consumers between legal and non-legal responses. Consider which rights of
type of response might be more effective. consumers

4. Collect and summarise key points from news articles • the effectiveness
which refer to one of the above organisations in relation to of legal and non-
assisting consumers. legal responses
in achieving
5. Evaluate the effectiveness of media programs reporting on justice for
consumer issues in achieving redress, eg A Current Affair. consumers
Resources: Youtube, current affair programs DVDs
• the role of the law
6. Through the use of scenarios, illustrate typical consumer in encouraging
• consumer remedies: problems. Investigate how best to resolve the problem. For cooperation and
individual and society example: resolving
conflict in regard
Jane wanted a special gift for her father’s birthday. As he was to consumers.
a keen fan, she purchased a supporter’s jersey from the club
for $150. Unfortunately, after only a few washes, the colours
faded and some of the stitching began to come loose.
Investigate the effectiveness of the remedies and methods of
redress that are available to consumers such as Jane who
believe their rights have been infringed by either • laws relating to
manufacturers or suppliers of goods or services. consumers as a
reflection of
Students should include:
changing values
- an outline of the various avenues of redress, both legal and
and ethical
non-legal
standards.
- details about the different remedies available to consumers
- a judgement as to the effectiveness of both legal and non-
legal responses in dealing with the matter.

Themes and

7. Prepare a table of types of remedies setting out advantages
and disadvantages.

8. Examine the two-tiered nature of consumer protection –
redress for the individual and the role of the law in
protecting all consumers / society in general. Investigate
the function of the ACCC in this area.

Resources: www.moneystuff.net.au
www.treasury.gov.au (a consumer redress study).
www.accc.gov.au

3. Contemporary
issues concerning
consumers

Issues that must be
studied include:
• credit • identify and 1. Define credit and discuss features and terminology such as • the role of the law
investigate interest rate, term, default, security etc. Discuss examples in encouraging
these of credit. Consider why credit might be problematic for cooperation and
contemporary consumers. resolving
issues involving conflict in regard
the protection 2. This topic can be covered at the same time as unjust to consumers
of consumers contracts, mentioned above. Guest speaker from Consumer • issues of
and evaluate the Credit Legal Centre NSW to speak about credit contracts, compliance and
effectiveness of the Uniform Consumer Credit Code, Credit Act 1984, and non-compliance
legal and non- the national credit legislation commencing 1 July 2010. • laws relating to

Themes and
legal responses Guest speaker to discuss legal and non-legal avenues of consumers as a
to these issues. redress, for example, complaining to the Ombudsman, reflection of
local court, CTTT, financial counsellor etc. changing values
Resources: www.cclcnsw.org.au; www.creditcode.gov.au; and ethical
www.treasury.gov.au/consumercredit; standards
http://www.austlii.edu.au/au/other/liac/hot_topic/hottopic/2003/1/ • Effectiveness of
legal and non-
3. Media search: collect articles on consumer credit issues, legal responses
particularly in the GFC, and summarise key points, in achieving
including legal and non-legal responses. justice for
consumers
4. In response to different scenarios, consider legal and non-
legal avenues of redress and evaluate their effectiveness.

• product certification 1. Define product certification and discuss the reasons for its
development.

2. Bring in items from home or think of examples of goods
that are subject to certification and discuss why that is the
case.

3. Oral presentation evaluating the effectiveness of product • the effectiveness
certification in protecting consumers. of legal and non-
legal responses
4. Online research: investigate examples of laws which in achieving
impose product certification/product standards. Research justice for
non-legal responses. consumers

Themes and

Resources: www.austrade.gov.au
www.buyerbefair.org
www.gbca.org.au

• marketing This dot point can be addressed at the same time as
innovations regulation of marketing and advertising (above).

1. Brainstorm range of marketing innovations. Find
examples. Explain the need for consumer protection in this
area.

2. Investigate examples of the regulation of new methods of
marketing and evaluate the effectiveness of legal and non-
legal responses. Consider direct marketing regulations as a
focus study (amendments to the Fair Trading Act).

3. Case study: Do Not Call Register. www.donotcall.gov.au/
Evaluate the effectiveness of the Register in protecting
consumers. Refer to media articles in response.

4. Consider the need for further law reform in this area.

• technology 1. Brainstorm ways in which technology affects consumers.
Investigate changes over the last 100 years. Explain the
growing need for consumer protection in this area.

2. Activity: students identify one issue concerning

Themes and
technology and consumers (eg online shopping) and
prepare a report outlining the challenges facing consumers
in that area, then discussing the strengths and weaknesses
of legal and non-legal responses. Resource: • the role of law
www.ebay.com reform in
recognising the
3. Debate the relevance of caveat emptor in the contemporary rights of
global world. consumers

4. What further reform may be needed to meet future
challenges posed by technological change?

Program of work - Consumers

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