Unfair Contracts - JURD7573
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Prerequisite: Contracts (LAWS1075/JURD7175) OR Contracts 2 (JURD7172/LAWS1072). Co-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (JURD7211/LAWS2311).
Excluded: LAWS3173
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
The many legal and practical issues which arise from unfair contracts, while relevant and real, have often not been dealt with as a subject on its own partly due to the traditional approach to contract law. However with increasing emphasis on a modern approach to contract law and in the light of consumer law developments locally and internationally, an understanding of the main concerns arising from contractual unfairness, judicial attitudes towards it and statutory regulatory frameworks to control unfair contracts is important to law graduates. The course will cover the law and developments in Australia and significant international regimes (US, EU, UK) as well as a comparative overview in selected Asian jurisdictions. It will also include the practical aspects of its application on commercial and consumer transactions and potential litigation.
Main Topics
Main Topics
- Contract Theories: Freedom of Contract v Fairness
- Equity and Contractual Fairness
- Contractual Fairness in Commercial and Consumer Contracts
- Standard Form Contracts, Exclusion Clauses and Unfair Contract Terms
- Unconscionability
- Good Faith
- Australian Developments: Case law & Statutes (ACL, CRA (NSW) 1980)
- International Perspectives: US, EU/UK, Selected Asian Jurisdictions
- Practical Applications to Commercial and Consumer Transactions
More information can be found on the Course Outline Website.
Study Levels
UNSW Quick Links
