Unit of competency details

BSBLEG416A - Apply the principles of the law of torts (Release 1)

Summary

Releases:
ReleaseStatusRelease date
1 1 (this release)Current 10/Mar/2009

Usage recommendation:
Superseded
Mapping:
MappingNotesDate
Is superseded by and equivalent to BSBLEG416 - Apply the principles of the law of tortsUpdated to meet Standards for Training Packages 24/Mar/2015

Training packages that include this unit

Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  10/Mar/2009 
The content being displayed has been produced by a third party, while all attempts have been made to make this content as accessible as possible it cannot be guaranteed. If you are encountering issues following the content on this page please consider downloading the content in its original form

Modification History

Not applicable.

Unit Descriptor

Unit descriptor 

This unit describes the performance outcomes, skills and knowledge required to enable a person to apply the principles of the law of torts in a legal environment.

A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.

Application of the Unit

Application of the unit 

This unit applies to individuals who apply knowledge of a range of principles of the law of torts. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.

Licensing/Regulatory Information

Not applicable.

Pre-Requisites

Prerequisite units 

Employability Skills Information

Employability skills 

This unit contains employability skills.

Elements and Performance Criteria Pre-Content

Elements describe the essential outcomes of a unit of competency.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide.

Elements and Performance Criteria

ELEMENT 

PERFORMANCE CRITERIA 

1. Define nature and meaning of law of torts

1.1. Access sources of legal information  on the nature and meaning of law of torts

1.2. Distinguish tort from crime, breach of contract, or other legal obligations

2. Identify principles of the law of torts

2.1. Define legal principles in the application of the law of torts 

2.2. Determine key elements of law of torts matters

3. Apply relevant elements of tort

3.1. Assess legal matters relevant to possible torts

3.2. Analyse and evaluate information

3.3. Extract and document information relevant to particular matter

4. Identify remedies for breaches of law of torts

4.1. Identify circumstances giving rise to liability in law of torts

4.2. Identify and document remedies applicable to breach

4.3. Submit findings to designated person  according to organisational policies and procedures

Required Skills and Knowledge

REQUIRED SKILLS AND KNOWLEDGE 

This section describes the skills and knowledge required for this unit.

Required skills 

  • literacy skills to read and interpret written material
  • research and data collection skills to identify:
  • characteristics, similarities and differences of Australian institutions
  • types of proceedings and trial procedures
  • analytical skills to investigate and compare legal institutions

Required knowledge 

  • commonly used legal terminology, institutions and main features of the Australian legal system
  • methods used to identify appropriate information about sources of Australian law
  • nature and meaning of law of torts
  • torts relating to:
  • negligence
  • negligent misrepresentation
  • person, goods and land
  • meaning of:
  • occupier's liability
  • vicarious liability
  • law of defamation

Evidence Guide

EVIDENCE GUIDE 

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment 

Critical aspects for assessment and evidence required to demonstrate competency in this unit 

Evidence of the ability to:

  • demonstrate knowledge of the principles of the law of torts
  • demonstrate knowledge of the application of the law of torts
  • demonstrate knowledge of liability of burden in the law of torts
  • apply the principles of the law of torts.

Context of and specific resources for assessment 

Assessment must ensure access to:

  • legislation and regulations relevant to the law of torts
  • texts and background sources of information on the law of torts in Australia
  • case studies involving a range of legal matters relevant to the law of torts
  • personnel with expert knowledge of the law of torts.

Method of assessment 

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

  • analysis of responses to case studies and scenarios in a range of contexts involving the law of torts
  • tests of knowledge of relevant legislation, rules, regulations and research sources
  • direct questioning combined with portfolios of evidence
  • review of authenticated documents from the workplace.

Guidance information for assessment 

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

Range Statement

RANGE STATEMENT 

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Sources of legal information  may include:

  • court library
  • online information services and websites
  • organisation's library
  • precedent bank
  • specialist texts.

Application of the law of torts  may include:

  • defamation
  • negligence
  • protection of interests in goods
  • protection of interests in land
  • trespass to the person.

Designated persons  may include:

  • barrister
  • legal practice manager
  • legal practitioner
  • supervisor.

Unit Sector(s)

Unit sector 

Competency field

Competency field 

Administration - legal administration

Co-requisite units

Co-requisite units 

Training component details
The following details are displayed for each different NRT:-

Training packages

- Training package details
- Training package components

Qualifications

- Qualification details
- Qualification components

Accredited courses

- Accredited course details

Modules

- Module details

Units of competency

- Units of competency details
- Unit components

Skill sets

- Skill set details
- Skill set components

Click on the Export link to export the NRT information to MS Word or PDF.

Click on the Manage notification link to create or change a notification for this NRT.

When selecting the Display history check box a set of tables will appear displaying a log of historical values describing what has changed and when over time.

If you have access to make changes to an NRT, click on the Edit link on the upper right hand side of the summary box.