units

LAW4702

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Clayton

  • First semester 2016 (Day)
  • Second semester 2016 (Day)

Synopsis

This unit examines the linked areas of competition and consumer law. Building on prior knowledge in contract law, constitutional law and property law, the unit first examines the structure and content of the Australian Consumer Law (ACL), and examines the theory and policy basis for the ACL. Specific topics include provisions dealing with unfair terms, consumer guarantees, unconscionability, manufacturers' liability, and product safety standards. The unit then examines the competition provisions of the Competition and Consumer Act 2010 (Cth) and includes a critical analysis of the following topics: cartel conduct, misuse of market power, vertical conduct and mergers.

Outcomes

At the successful completion of this unit students will be able to:

  1. identify, research, evaluate and synthesise legal and policy issues regarding Australia's legislative regime for competition and consumer law;
  2. critically assess the capacity of the legislative regime and its underlying regulatory strategies to promote just outcomes for the marketplace and the community;
  3. apply sophisticated intellectual and practical skills to evaluate, synthesis and apply provisions of the Competition and Consumer Act and related case law and generate appropriate and reasoned responses to complex legal problems;
  4. communicate effectively and appropriately to specified audiences; and
  5. work autonomously with accountability and professional responsibility.
  6. develop awareness of the role of law in regulating and facilitating commercial transactions.

Assessment

(1) Mid-semester assignment: 2,500 word (50%);
(2) Examination (2 hours writing time plus 30 minutes reading and noting time): (50%)

Chief examiner(s)

Semester 1: Professor Justin Malbon
Semester 2: Associate Professor John Duns

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112; LAW2111; LAW3112
For students who commenced their LLB course prior to 2015:
LAW1100 OR LAW1101 and LAW1102 or LAW1104 and LAW2102

Co-requisites

LAW4331

Prohibitions

LAW5122; LAW4196; LAW4318