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Unfair Contracts
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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 Fairness in Consumer Contracts by : Chris Willett
Download or read book Fairness in Consumer Contracts written by Chris Willett and published by Routledge. This book was released on 2016-12-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
Download or read book Unfair Contracts written by Sinai Deutch and published by . This book was released on 1977 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair Contract Terms in European Law by : Paolisa Nebbia
Download or read book Unfair Contract Terms in European Law written by Paolisa Nebbia and published by Bloomsbury Publishing. This book was released on 2007-02-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.
Author :British Columbia Law Institute. Unfair Contracts Relief Project Committee Publisher : ISBN 13 : Total Pages :7 pages Book Rating :4.:/5 (593 download)
Book Synopsis Introduction to the Unfair Contracts Relief Project by : British Columbia Law Institute. Unfair Contracts Relief Project Committee
Download or read book Introduction to the Unfair Contracts Relief Project written by British Columbia Law Institute. Unfair Contracts Relief Project Committee and published by . This book was released on 2009 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair Contract Terms in the Digital Age by : Gardiner, Caterina
Download or read book Unfair Contract Terms in the Digital Age written by Gardiner, Caterina and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
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 Exclusion Clauses and Unfair Contract Terms by : R. G. Lawson
Download or read book Exclusion Clauses and Unfair Contract Terms written by R. G. Lawson and published by Sweet & Maxwell. This book was released on 2011 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.
Book Synopsis Contents of Contracts and Unfair Terms by : Mindy Chen-Wishart
Download or read book Contents of Contracts and Unfair Terms written by Mindy Chen-Wishart and published by Oxford University Press, USA. This book was released on 2020-11-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This third volume deals with the contents of contracts and unfair terms.
Book Synopsis Fixing Unfair Contracts by : Omri Ben-Shahar
Download or read book Fixing Unfair Contracts written by Omri Ben-Shahar and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Various doctrines of contract and consumer protection law allow courts to strike down unfair contract terms. A large literature has explored the question which terms should be viewed as unfair, but a related question has never been studied systematically - what provision should replace the vacated unfair term? How should a distributively unfair contract be fixed? This Article demonstrates that the law uses three competing criteria for a replacement provision: (1) the most reasonable term; (2) a punitive term, strongly unfavorable to the overreaching party; and (3) the minimally tolerable term, which preserves the original term as much as is tolerable. The Article explores in depth the third criterion - the minimally tolerable term - under which the smallest intervention that is necessary is applied. This criterion, which has received no prior scholarly notice, is surprisingly prevalent in legal doctrine. The Article surveys its ubiquity and explores its conceptual and normative underpinnings.
Book Synopsis Unfair Contract Terms by : British Columbia Law Institute
Download or read book Unfair Contract Terms written by British Columbia Law Institute and published by . This book was released on 2005 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Law on Unfair Commercial Practices and Contract Law by : Mateja Durovic
Download or read book European Law on Unfair Commercial Practices and Contract Law written by Mateja Durovic and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.
Book Synopsis Contract by : Jeannie Marie Paterson
Download or read book Contract written by Jeannie Marie Paterson and published by Lawbook Company. This book was released on 2009 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTRACT: CASES AND MATERIALS 11th Edition provides students with essential resources for studying contract law in Australia. Contemporary cases which continue to shape contract law have been included in this new edition, while historically important cases have been retained to ensure students have a full picture of the law of contract as it stands today. Appendix: The Trade Practices Act 1974 (Cth).
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 Consumers and Unfair Contract Terms by :
Download or read book Consumers and Unfair Contract Terms written by and published by . This book was released on 2010 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Macdonald's Exemption Clauses and Unfair Terms by : Mark Anderson
Download or read book Macdonald's Exemption Clauses and Unfair Terms written by Mark Anderson and published by Bloomsbury Publishing. This book was released on 2022-04-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, 'fundamental breach', etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the 'requirement for reasonableness' - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Book Synopsis Unfair Contract Terms in Financial Services Contracts by : Elisabeth Wentworth
Download or read book Unfair Contract Terms in Financial Services Contracts written by Elisabeth Wentworth and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
