Unconscionable Conduct in Australian Consumer and Commercial Contracts

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Unconscionable Conduct in Australian Consumer and Commercial Contracts

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This title provides legal practitioners with a detailed and practical guide through the often murky and confusing law relating to unconscionable advantage-taking by one contracting party over another.

Written by Dr Michelle Sharpe, Unconscionable Conduct in Australian Consumer and Commercial Contracts provides legal practitioners with a detailed and practical guide through the often murky and confusing law relating to unconscionable advantage-taking by one contracting party over another.

Contracts for the supply of goods and services form the basis of our modern free economy. The pervading policy of modern contract law is that parties are free to contract for the supply of goods and services on whatever terms they think fit. This freedom of contract may appear to be curtailed by certain contract law doctrines and consumer protection legislation. This book provides a detailed and up-to-date account of the law including current cases and legislation, as well as explaining how the relevant common law and equitable doctrines fit within contract law and the pervading policy of freedom of contract, and the rationale behind the relevant consumer protection legislation.

Features

• Detailed and practical account of the law
• Plain English explanations of complex concepts
• Accessible and convenient reference
Part 1: Overview of Foundations of Contract Law

Chapter 1: Emergence of modern contract law
Chapter 2:The sanctity of contract
Chapter 3: Essential ingredients of legally enforceable contract
Chapter 4: Impaired Consent in contract law
Chapter 5: Unconscionability or Exploitation in contract law

Part 2: Impaired Consent

Chapter 6: Duress
Chapter 7: Undue Influence
Chapter 8: Consumer Protection Legislation
i. Australian Consumer Law, section 50
ii. Australian Securities & Investments Commission Act 2001, Section 12DJ
iii. National Credit Code, sections 155 and 179V

Part 3: Exploitation

Chapter 9: Unilateral Mistake
Chapter 10: Estoppel
Chapter 11: Relief against forfeiture and penalty
Chapter 12: Unconscionable Conduct
Chapter 13: Consumer Protection Legislation
Dr Michelle Sharpe is a barrister practising practicing in general commercial and regulatory law. She is also an elected member of Victorian Bar Council Chair and Victorian Bar Health and Wellbeing Committee. Before being called to the Bar, Dr Sharpe was a Solicitor at Blake Dawson, and also a lecturer at the University of Melbourne teaching in contract law, corporations law, civil procedure and legal ethics.