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Unconscionable Conduct in Australian Consumer and Commercial Contracts

Unconscionable Conduct in Australian Consumer and Commercial Contracts

  • 作者:
  • 出版商: LexisNexis Australia
  • ISBN: 9780409343557
  • 出版时间 August 2018
  • 规格: Paperback
  • 适应领域: Australia ? 免责申明:
    Countri(es) stated herein are used as reference only
¥659.88
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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    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.

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