Harder, Sirko (2011) Problems in interpreting the unfair contract terms provisions of the Australian Consumer Law. Australian Bar Review, 34. pp. 306-324. ISSN 0814-8589

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Abstract

There are a number of ambiguities in the unfair contract terms provisions in Pt 2-3 of the Australian Consumer Law. The key concepts ‘consumer contract’, ‘standard form contract’ and ‘upfront price’ are not defined in an
unequivocal manner. Part 2-3 obliges the court to consider a term’s transparency when determining its fairness, but fails to specify the precise requirement(s) of unfairness for which transparency is to be relevant. Part 2-3 fails to expressly address whether a term otherwise unfair may be rendered fair by a price reduction, whether an unfair term can be enforced to
the extent to which it is fair, and whether the contra proferentem rule applies in the context of Pt 2-3. This article tackles the uncertainties mentioned and examines how the relevant provisions could be interpreted,
considering their language, purpose and context. It also makes suggestions for clarifying amendments.

Item Type:	Article
Schools and Departments:	School of Law, Politics and Sociology > Law
Subjects:	K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
Related URLs:	Publisher
Depositing User:	Sirko Harder
Date Deposited:	22 Sep 2014 08:51
Last Modified:	07 Mar 2017 09:01
URI:	http://sro.sussex.ac.uk/id/eprint/50116

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