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Unfair Contract Terms Law In Australia
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Book Synopsis Unfair Contract Terms Law in Australia by : Jeannie Marie Paterson
Download or read book Unfair Contract Terms Law in Australia written by Jeannie Marie Paterson and published by . This book was released on 2011 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law 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. UNFAIR CONTRACT TERMS IN AUSTRALIA will be highly useful for litigation purposes and compliance work. It will appeal to competition, consumer and commercial solicitors and barristers as well as regulators involved in drafting, reviewing and enforcing standard form consumer contracts. Traders dealing with consumers will find this work invaluable as they review their contracts to ensure compliance with the legislation. UNFAIR CONTRACT TERMS IN AUSTRALIA is a vital resource for the adjustment to, and ongoing compliance with, the new law.
Book Synopsis A Guide to the Unfair Contract Terms Law by :
Download or read book A Guide to the Unfair Contract Terms Law written by and published by . This book was released on 2010 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protecting Consumers from Unfair Contract Terms by : Paul Latimer
Download or read book Protecting Consumers from Unfair Contract Terms written by Paul Latimer and published by . This book was released on 2017 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The consumer movement in the 1960s was the first step towards creating community demand for laws providing for the protection of consumers. Australia responded with consumer protection laws in the 1970s, and with unfair contract laws in the 1980s at the state level, since replaced by Commonwealth provisions in the Australian Consumer Law. The EU drafted and adopted in 1993 the Unfair Terms in Consumer Contracts Directive to provide protection from unfair contracts. The Directive has now resulted in consumer contract laws in Europe ranging from prohibition in some EU jurisdictions to the low impact approach of rendering unfair terms void or non-existent in other EU jurisdictions such as in France. The latest European legislation is now to be found in the new unfair contract amendments in the UK in the Consumer Rights Act 2015 (UK), which has replaced earlier UK legislation from the 1970s. In proscribing unfair contract laws, the UK Act carries forward and updates the current fairness test, and includes a 'grey list' of consumer contract terms 'which may be regarded as unfair. This article reviews the operation of unfair contract laws from an Australian comparative perspective, including developments in Europe and the UK. It includes some comparisons from outside the EU with parallel developments in the Asia-Pacific area to demonstrate law making in response to consumer demands in different jurisdictions and to show that cultural difficulties can be overcome to ensure an adequate response to unfair contracts for the benefit of consumers.
Book Synopsis Unfair Contract Terms Law in Australia by : Jeannie Marie Paterson
Download or read book Unfair Contract Terms Law in Australia written by Jeannie Marie Paterson and published by . This book was released on 2012 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reading the fine print: Legislation against unfair contract terms the Australian Consumer Law by : Kylie Morrell
Download or read book Reading the fine print: Legislation against unfair contract terms the Australian Consumer Law written by Kylie Morrell and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unconscionable Conduct by : Paul T. Vout
Download or read book Unconscionable Conduct written by Paul T. Vout and published by Lawbook Company. This book was released on 2009-01-01 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unconscionable Conduct - The Laws of Australia (2nd Edition) provides revised and up-to-date analysis of estoppel, duress, undue influence, misrepresentation, unconscionability, unconscionable dealing and now includes commentary on the principles of equitable mistake by Professor JLR Davis. In so doing, it offers practitioners a unique and in-depth understanding of the equitable, legal and legislative grounds upon which commercial transactions may be set aside for unfair conduct. The 1st edition was praised as a "highly reliable book [that] will earn its place on the shelf of any practitioner in the area" (ACT Law Society - Ethos, 2006) and "a superb and, especially given the qualifications of its many original and updating authors, an authoritative reference book" (Trade Practices Law Journal, 2006). This new edition covers the latest developments in case law such as the New South Wales Court of Appeal's decision on duress in Australia and New Zealand Banking Group Ltd v Karam (2005) 64 NSWLR 149 and its application in Maher v Honeysett and Maher Electrical Contractors Pty Ltd [2007] NSWSC 12; discussion of the relationship between contract and estoppel in Donis v Donis [2007] VSCA 89 and Barnes v Alderton [2008] NSWSC 107; and the implications of the Victorian Court of Appeal decision in Accurate Financial Consultants Pty Ltd v Koko Black Pty Ltd (2008) 66 ACSR 325. Also considered are new legislative developments such as those affecting independent contractor relationships under the Independent Contractors Act 2006 (Cth) and the statutory extension of unconscionable conduct under the Retail Leases Act 2003 (Vic). This material is also published as part of Titles 7 "Contract: General Principles" and 35 "Unfair Dealing" of The Laws of Australia legal encyclopaedia.
Book Synopsis Australian Consumer Law Reforms by : George Kamencak
Download or read book Australian Consumer Law Reforms written by George Kamencak and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Standing Committee of Officials of Consumer Affairs. Unfair Contract Terms Working Party Publisher : ISBN 13 : Total Pages :55 pages Book Rating :4.:/5 (224 download)
Book Synopsis Unfair Contract Terms by : Standing Committee of Officials of Consumer Affairs. Unfair Contract Terms Working Party
Download or read book Unfair Contract Terms written by Standing Committee of Officials of Consumer Affairs. Unfair Contract Terms Working Party and published by . This book was released on 2004 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It was reported to the Ministerial Council on Consumer Affairs (MCCA) in August 2002 that fair trading and consumer protection jurisdictions across Australia share a growing number of problems with unfair terms in consumer contracts in various areas of the marketplace. Consumer contracts are increasingly complex and it is becoming correspondingly difficult for consumers to identify important terms, rights and responsibilities and potential costs associated with purchase agreements. New technologies and borderless markets further complicate the picture. At its 2002 meeting MCCA therefore directed the Standing Committee of Officials of Consumer Affairs (SCOCA) to establish a national working party to investigate policy options to address unfair terms in consumer contracts and the merits of adopting a more nationally consistent and effective regulatory regime ... The purpose of this Discussion Paper is to seek the views of the wider community on the need for unfair contract terms regulation and the best model for achieving this." -- from the Introduction, p. 5.
Book Synopsis Unfair Contract Terms by : Matt Murphy
Download or read book Unfair Contract Terms written by Matt Murphy and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contract and the Australian Consumer Law, Second Edition by : J. W. Carter
Download or read book Contract and the Australian Consumer Law, Second Edition written by J. W. Carter and published by . This book was released on 2018-03-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Australian Consumer Law by : Adrian Coorey
Download or read book Australian Consumer Law written by Adrian Coorey and published by . This book was released on 2015-01-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Consumer Law contains clear and engaging coverage of all key areas of the Australian Consumer Law (ACL), including misleading or deceptive conduct, unconscionable conduct, unfair contract terms, consumer guarantees, manufacturersoÂeÂ(tm) liability and specific unfair practices. This comprehensive new book includes four chapters offering detailed analysis of misleading or deceptive conduct and specific false or misleading representations, covering the general principles and misleading conduct both in advertising and other areas of law. It examines and compares the advantages and disadvantages of actions brought under s 18 of the ACL with other options for redress. It contains an in-depth examination of the ACL remedies and enforcement powers of the Australian Competition and Consumer Commission (ACCC) including damages, pecuniary penalties, injunctions, declarations and disqualification orders. The author provides practical and theoretical analysis of important recent decisions on Australian consumer law, as well as summaries of and short extracts from relevant primary and secondary sources such as legislation, ACCC guidelines, Explanatory Memoranda and Second Reading Speeches. Each chapter includes case summaries, theory and problem questions and and further reading. The writing style is clear and succinct and the discussion includes a wide range of examples and analogies to explain complex areas of law. The depth and practical application of the text makes it ideal for undergraduate and postgraduate students of Australian consumer law or the more specific subject of misleading or deceptive conduct. It is also a valuable resource for researchers and lawyers practising in this area. Features oÂeo Covers all key topics, including misleading conduct and passing off, public enforcement and private remedies oÂeo Clear, accessible and easy to navigate design makes complex concepts easier to understand oÂeo Includes revision and problem questions to consolidate learning
Book Synopsis Unfair Contract Terms by : Matt Murphy
Download or read book Unfair Contract Terms written by Matt Murphy and published by . This book was released on 2016 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles of Contract Law by : Jeannie Paterson
Download or read book Principles of Contract Law written by Jeannie Paterson and published by . This book was released on 2015 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.
Book Synopsis Consumer Law & Policy in Australia & New Zealand by : Justin Malbon
Download or read book Consumer Law & Policy in Australia & New Zealand written by Justin Malbon and published by . This book was released on 2013 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the 2010 Australian Consumer Law reform package in broader context. It considers parallel re-regulation of consumer credit and other financial markets impacting on consumers. Malbon from Monash University. Nottage from University of Sydney.
Book Synopsis Principles of Australian Contract Law by : Peter Radan
Download or read book Principles of Australian Contract Law written by Peter Radan and published by . This book was released on 2010 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRINCIPLES OF AUSTRALIAN CONTRACT LAW set out the general principles of contract law in a manner that is ideal for students. The texts are written in an accessible style, while at the same time introducing the relevant language that is specific to contract law. This explanatory approach will help students to develop the analytical and problem-solving skills necessary for successful legal practice. The latest cases and legislative changes in contract law are covered in this second edition, including the new unfair contract terms legislation in the Trade Practices Amendment (Australian Consumer Law) Bill 2009.
Book Synopsis Contract and the Australian Consumer Law by : John W. Carter
Download or read book Contract and the Australian Consumer Law written by John W. Carter and published by . This book was released on 2011 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide by the leading expert in Contract Law explains how the recently enacted Australian Consumer Law impacts on contract law. Emphasis is given to the consumer guarantees regime and the unfair contract terms regime. The principal provisions and changes in relation to the contractual aspects of the Trade Practices Act 1974 (Cth) are identified and summarised. The book also provides an explanation of how the Competition and Consumer Act 2010 (Cth) and state and territory fair trading legislation interact with the Australian Consumer Law.
Book Synopsis Does Australia's Unfair Contracts Act Limit Or Enhance Contractual Freedom? by : Ken Phillips
Download or read book Does Australia's Unfair Contracts Act Limit Or Enhance Contractual Freedom? written by Ken Phillips and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In late 2015 Australia banned 'unfair' contract terms between large and small businesses. This article explains the context of the legislation and defends it from a free-market perspective. It argues that the legislation enhances contractual freedom by codifying the elements that define a commercial contract at common law, and so protects the trust that is embedded in the structure of the contract.
