NZQA registered unit standard 17703 version 5 Page 1 of 4 Title Apply legal requirements to credit contracts Level 4 Credits 10 Purpose People credited with this unit standard are able to demonstrate knowledge of: the legal terminology of contracts; the law relating to the authority of agents; the law relating to business entities; the law of ownership and transfer of real property; and consumer legislation and its application to credit contracts. Classification Financial Management > Credit Management Available grade Achieved Explanatory notes 1 Legislation applicable to this unit standard includes the Partnership Act 1908, Sale of Goods Act 1908, Frustrated Contracts Act 1944, Property Law Act 2007, Illegal Contracts Act 1970, Income Tax Act 2007, Contractual Mistakes Act 1977, Contractual Remedies Act 1979, Fair Trading Act 1986, Companies Act 1993, Consumer Guarantees Act 1993, Sale of Goods (United Nations Convention) Act 1994, Credit Contracts and Consumer Finance Act 2003, Personal Property Securities Act 1999, Privacy Act 1993, associated regulations, and subsequent amendments. 2 This unit standard may be assessed on-job in the workplace using naturally occurring evidence or in off-job simulated work situations designed to draw upon similar performance to that required in work in a credit administration and/or credit management context. Outcomes and evidence requirements Outcome 1 Demonstrate knowledge of the legal terminology of contracts. Evidence requirements 1.1 Define the elements necessary for a valid contract in terms of legislation. Range 1.2 offer, acceptance, consideration. Describe differences and similarities between simple contracts, deeds, and guarantees in accordance with legislation. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 17703 version 5 Page 2 of 4 1.3 Describe the intention to create contractual relationships in the formation of a contract in accordance with legislation. 1.4 Describe discharge of a contract in accordance with legislation. Range 1.5 may include but is not limited to – accord and satisfaction, agreement, performance. Describe breach of contract and remedies available in accordance with legislation. Outcome 2 Demonstrate knowledge of the law relating to the authority of agents. Evidence requirements 2.1 Describe the relationship among principal, agent, and third party in terms of legislation. 2.2 Define the authority of agents. Range express authority, ostensible authority. Outcome 3 Demonstrate knowledge of the law relating to business entities. Evidence requirements 3.1 Define legal definitions of business entities. Range 3.2 sole trader, partnership, company, joint venture, incorporated society, charitable trust, trading trust, Māori trust. Describe business entities and their legal characteristics in terms of legislation. Range formation, limited liability, name, capital, continuity, transferability of ownership, control, taxation. Outcome 4 Demonstrate knowledge of the law of ownership and transfer of real property. Evidence requirements 4.1 Explain transfer of ownership and risk, of real property, from seller to buyer in terms of legislation. 4.2 Explain the nemo dat principle and its exceptions in terms of ownership and possession. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 17703 version 5 Page 3 of 4 Outcome 5 Demonstrate knowledge of consumer legislation and its application to credit contracts. Evidence requirements 5.1 Explain provisions relating to credit contracts in terms of the Fair Trading Act. 5.2 Explain provisions relating to credit contracts in terms of the Consumer Guarantees Act. 5.3 Explain provisions relating to credit contracts in terms of the Credit Contracts and Consumer Finance Act. Planned review date 31 December 2020 Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 28 August 2000 31 December 2013 Review 2 28 June 2005 N/A Rollover and Revision 3 15 November 2012 N/A Rollover and Revision 4 22 May 2014 N/A Review 5 18 June 2015 N/A Consent and Moderation Requirements (CMR) reference 0121 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards, or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the (CMR). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 17703 version 5 Page 4 of 4 Comments on this unit standard Please contact The Skills Organisation reviewcomments@skills.org.nz if you wish to suggest changes to the content of this unit standard. The Skills Organisation SSB Code 100401 New Zealand Qualifications Authority 2016