• BSBLEG416A - Apply the principles of the law of torts

Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

BSBLEG416A Mapping and Delivery Guide
Apply the principles of the law of torts

Version 1.0
Issue Date: March 2024


Qualification -
Unit of Competency BSBLEG416A - Apply the principles of the law of torts
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.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application 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.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites
Competency Field Administration - legal administration
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities
Slides
PPT
Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Define nature and meaning of law of torts
  • Access sources of legal information on the nature and meaning of law of torts
  • Distinguish tort from crime, breach of contract, or other legal obligations
       
Element: Identify principles of the law of torts
  • Define legal principles in the application of the law of torts
  • Determine key elements of law of torts matters
       
Element: Apply relevant elements of tort
  • Assess legal matters relevant to possible torts
  • Analyse and evaluate information
  • Extract and document information relevant to particular matter
       
Element: Identify remedies for breaches of law of torts
  • Identify circumstances giving rise to liability in law of torts
  • Identify and document remedies applicable to breach
  • Submit findings to designated person according to organisational policies and procedures
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

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.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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

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.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Access sources of legal information on the nature and meaning of law of torts 
Distinguish tort from crime, breach of contract, or other legal obligations 
Define legal principles in the application of the law of torts 
Determine key elements of law of torts matters 
Assess legal matters relevant to possible torts 
Analyse and evaluate information 
Extract and document information relevant to particular matter 
Identify circumstances giving rise to liability in law of torts 
Identify and document remedies applicable to breach 
Submit findings to designated person according to organisational policies and procedures 

Forms

Assessment Cover Sheet

BSBLEG416A - Apply the principles of the law of torts
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

BSBLEG416A - Apply the principles of the law of torts

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: