Course

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
  • 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.
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