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BLAW204 Business Law

tag 0 Download 10 Pages / 2,398 Words tag 08-07-2021


Unconscionability and how it may mean a contract cannot be enforced.

Unconscionability can mean many things and may arise from a number of circumstances. In your essay you are to explain and comment on the following as a result of your reading:
  • The concept of unconscionability and why it may mean that a contract is not enforceable. What are the leading cases on this? Why do we have such principles in our commercial world?
  • What are the characteristics of an unequal bargain that must or might be demonstrated to indicate unconscionability? Refer to appropriate cases.
  • Is there any legislation which similarly supports the principle that a contract may be so unfair that it is unenforceable?
  • What has been the effect on Banks and some larger institutions regarding the courts reluctance to enforce agreements that appear to be unfair or unequal?
  • From your reading is there any interesting commentary on unfair agreements and the attitude of courts when deciding on the enforceability of a contract?
  • What is the role of consumer advocate groups regarding unfair agreements, eg the Financial and Consumer Rights Council (FCRC) – Victoria? Did your research reveal any similar bodies or advocacy groups? Have there been any particular issues within Australia that you would characterise as unconscionable behaviour by vendors, companies or any other institutions?
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