Application
This unit describes the skills and knowledge required to analyse and evaluate information from a variety of sources and supply solutions to contractual issues in a legal environment.
It applies to individuals who provide support in a range of legal service settings with a degree of responsibility to plan and complete investigations.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Determine nature and meaning of contract | 1.1 Access sources of legal information on nature and meaning of contract 1.2 Distinguish between common law and legislation in contract 1.3 Assess significance of contracts and contract law in business, and document outcomes of this assessment |
2. Determine principles of contract law | 2.1 Define legal principles governing simple contracts 2.2 Identify and document key elements of a simple contract matter |
3. Enhance professional practice through application of relevant principles of contract law | 3.1 Assess a legal matter involving contractual issues by applying principles of contract law 3.2 Analyse and evaluate key issues 3.3 Review analysis with designated person |
4. Distinguish between a contract being discharged or breached | 4.1 Specify procedures for discharge of contracts 4.2 List available remedies for breach of contract 4.3 Apply procedures for discharge of contracts to workplace legal matter 4.4 Apply identified remedies to a relevant workplace legal matter |
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.1-1.3, 2.1, 3.1, 4.1 | Identifies, analyses and evaluates complex text to clarify contractual definitions, principles and legal requirements |
Writing | 1.3, 2.2, 3.2, 4.1-4.4 | Prepares specific information based on results of research, analysis and evaluation conveying an understanding of outcomes and alternatives, and using terminology appropriate to relevant personnel |
Oral Communication | 3.3 | Articulates key issues, identified remedies and organisational procedures using detailed language and suitable tone appropriate to audience and environment Elicits views and opinions of others by active listening and questioning |
Navigate the world of work | 2.1, 3.1, 4.1, 4.3, 4.4 | Understands own legal rights and responsibilities and is extending understanding of general legal principles applicable across work contexts Adheres to organisational policies and procedures Understands nature and purpose of own role and associated responsibilities and how it contributes to work of others in immediate work context |
Get the work done | 1.2, 1.3, 3.2, 4.3, 4.4 | Plans and implements tasks required to achieve organisational requirements Makes a range of critical and non-critical decisions in relatively complex situations, taking a range of information into account Uses formal analytical thinking techniques to identify issues and generate possible solutions, seeking input from others as required |
Sectors
Administration – Legal Services Administration