LAWCOMM 457 : Consumer Law

Law

2024 Summer School (1240) (15 POINTS)

Course Prescription

An in-depth examination of selected aspects of consumer law, including (but not limited to) misleading and deceptive conduct, other unfair practices, unfair contract terms in standard form consumer contracts, consumer guarantees and uninvited direct sales.

Course Overview

This course will consider the particular vulnerabilities of consumers, the theoretical rationales for consumer law and the different regulatory techniques that can be deployed in the protection of consumers and how this relates to access to justice. There will be a particular focus on: misleading or deceptive conduct under s 9 of the Fair Trading Act 1986 (FTA); other instances of unfair conduct under Part 1, FTA; consumer guarantees in respect of goods and services under the Consumer Guarantees Act 1993; unfair contract terms in standard form contracts under ss 46H-46M, FTA; layby sale agreements under ss 36B-J, FTA; uninvited direct sale agreements under ss 36K-S, FTA; enforcement and remedies. 

The course however goes beyond the material and asks students to reflect on the importance of consumer law in addressing inequalities of powers and vulnerability, as well as the role that consumer law plays in our everyday lives. 

The course will involve group work and a class presentation, which will be worth 30% of your overall grade. It will also involve active classroom discussion and participation, which will be worth another 20% of your overall grade. This means that attendance at seminars is mandatory and this discussion will not be recorded. 

Course Requirements

Prerequisite: LAW 201, 211, 241

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically engage with the overlap between consumer law, access to justice and addressing existing vulnerabilities in our society to achieve justice and equality in Aotearoa New Zealand’s place in Te Moananui-a-Kiwa and the world. (Capability 1.2)
  2. Reflect on the role of sustainability in consumer law, with a particular focus on the overlap between consumer rights, intellectual property and sustainability. (Capability 2.1)
  3. Identify and evaluate the underlying theoretical justifications for consumer law and contextualise the origins and development of consumer protection legislation against the background of the general law of contract, tort and equity. (Capability 3.1)
  4. Demonstrate and understand the roles and powers of consumer regulators, and consumer dispute resolution methods and processes. (Capability 3.2)
  5. Articulate and apply statutory consumer protection provisions to factual scenarios (involving, in particular, the advertising, marketing and sale of goods and services and consumer credit products) in order to reach reasoned solutions and make reasoned recommendations. (Capability 4.1, 4.2 and 5.1)
  6. Critically evaluate the contributions of others, and provide supporting or alternative viewpoints in a persuasive and respectful manner. (Capability 6.1)
  7. Establish, build on and maintain positive relationships by working together for a shared goal. (Capability 7.1)
  8. Analyse the role of AI in the legal profession, including the ethical ramifications of using this type of technology to support legal practice. (Capability 8.1)

Assessments

Assessment Type Percentage Classification
Presentation 30% Group & Individual Coursework
Discussions 20% Individual Coursework
Essay 50% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7 8
Presentation
Discussions
Essay

Workload Expectations

This is a standard 15-point course. There will be around 24 hours of seminars in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is required at scheduled activities including seminars to be assessed for components of the course. You must be able to attend all of the seminars to be assessed and complete this course. Attendance on campus is not required for the take-home exam.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Legislation:

Students will also need to refer to the following pieces of legislation:
 Fair Trading Act 1986
 Consumer Guarantees Act 1993

Recommended text:

There is no prescribed text, but the following is recommended:
 K Tokeley and V Stace (eds), Consumer Law in New Zealand (3rd ed, LexisNexis, Wellington, 2022).

Students may also find the following helpful:
 D Wilson, The Fair Trading Act Handbook (LexisNexis, Wellington, 2018)
J Gardner and I Ramsay (eds) Landmark Cases in Consumer Law (Hart Publishing, Oxford, 2023)

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

 

Other Information

The course is taught through a combination of lectures and interactive seminars, starting on Tuesday 9 January and ending on Tuesday 23 January.  The times are as follows: 

9 January: 4-7pm (introductory session, including discussion of assessments) 
10 January: 4-7pm (who is a consumer) 
11 January: 4-7pm (reflecting on rationales for consumer law) 
15 January: 4-7pm (Group 1 on misleading or deceptive conduct under s 9 of the Fair Trading Act 1986 (FTA) and Group 2 presentation on other instances of unfair conduct under Part 1) 
16 January: 5-7pm (Group 3 presentation on consumer guarantees in respect of goods and services under the Consumer Guarantees Act 1993) 
17 January: 5-7pm (Group 4 presentation on unfair contract terms in standard form contracts under ss 46H-46M) 
18 January: 5-7pm (Group 5 presentation on layby sale agreements under ss 36B-J) 
22 January: 4-7pm (Group 6 presentation on uninvited direct sale agreements under ss 36K-S and Group 7 presentation on enforcement and remedies) 
23 January: 4-7pm (conclusion and reflection) 

Office hours will be advised during the seminars. I have a very open door policy and encourage students to come and have a chat if they want to reflect on the learning so far and to clarify any areas of confusion.

Teaching staff
Professor Jodi Gardner (Course Director)
Office: 803-208

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Any use of generative AI must be recorded in a detailed and honest fashion. If it is not, this will be considered an academic offence. 

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 11/10/2023 08:46 a.m.