Unit of competency Outline

Date retreived
22/07/2026 6:08 PM AWST

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Apply the principles of the law of torts

Apply the principles of the law of torts

Unit of competency
National Code
BSBLEG416A
State Code
WB904
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
10/03/2009
State Implementation and Classification
Approved Date
31/07/2014
Field of Education
091103 - Legal Studies
Original Release Date
31/07/2014
Nominal Hours
60
Description
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.
Notes
Elements and 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
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.
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.
Replaced By
State Code National Code Title Type
AUH74 BSBLEG416 Apply the principles of the law of torts Unit of competency
State Code National Code Title Type
D726 FNS60311 Advanced Diploma of Conveyancing Qualification
W899 BSB40110 Certificate IV in Legal Services Qualification