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- Title
Does Australia's Unfair Contracts Act Limit Or Enhance Contractual Freedom?
- Authors
Phillips, Ken
- Abstract
In late 2015 Australia banned 'unfair' contract terms between large and small businesses. This article explains the context of the legislation and defends it from a free-market perspective. It argues that the legislation enhances contractual freedom by codifying the elements that define a commercial contract at common law, and so protects the trust that is embedded in the structure of the contract.
- Subjects
AUSTRALIA; CONFLICT of laws; UNFAIR contract terms; FREE enterprise laws; SMALL business; CODIFICATION of law; CONTRACTS
- Publication
Economic Affairs, 2016, Vol 36, Issue 3, p341
- ISSN
0265-0665
- Publication type
Article
- DOI
10.1111/ecaf.12191