Unfair Contract Terms in Australia

Unfair Contract Terms in Australia

By Jeannie Paterson

Book

$245.00 RRP

Date: 21/11/2011

Code: 9780455229089

Thomson Reuters, AUSTRALIA

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Book Unfair Contract Terms in Australia 21/11/2011 9780455229089 $245.00 Add to cart

Description

" (A) serious... book which will sit close by for frequent reference...a detailed and analytical (consideration) of the new legislation..This is one of the most succint (yet) comprehensive and analytical books that I have had the pleasure of reviewing...a must have reference book, it will be regularly referred to as a guide to this emerging legislation."

- Law Society Journal of Tasmania, January 2012

This new and timely work provides up-to-date and detailed analysis of the new ‘Unfair Contract Terms Law’ (UCTL) that was introduced as part of the Australian Consumer Law reforms of 2010, and which took effect in each state and territory from 1 January 2011.

The UCTL represents a radical change in consumer protection law and in contract law.

In Unfair Contract Terms in Australia experienced author and senior lecturer Dr Jeannie Paterson explains the operation of the UCTL and considers the implications for standard ‘boilerplate’ terms in consumer contracts. The work also examines the background to the reforms and utilises precedents drawn from similar regimes that have operated in Victoria and the UK.

Features

  • Why regulate Unfair Terms?
  • Comparing the regulatory regimes – the UK and Victorian precedents
  • Overview of the Australian Consumer Law and UCTL – the constitutional context, transitional arrangements for the UCTL and the approach to enforcement.
  • Contracts and terms excluded from review for fairness
  • Application of the UCTL
  • Identifying and interpreting the terms of a contract subject to review
  • The test of an Unfair Term
  • Matters relevant in determining whether a term is unfair
  • Enforcement, effect and remedies
  • Unconscionable conduct and Unfair Terms
  • The Consumer Guarantee Law
  • The ‘Grey List’ of terms that may be unfair
  • Common terms that may be unfair

Editorial Reviews

From: (2012) 32 Qld Lawyer 165
Reviewed by Eric Halden

In 2008 the Productivity Commission published the Review of Australia’s Consumer Policy Framework and identified several arguments supporting a regime to regulate unfair contract terms.  The recommendations of the Commission were ultimately included in the Competition and Consumer Act 2010, particularly Schedule 2, the Australian Consumer...

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