Unconscionable Conduct: s 21 ACL

This week's lecture is on unconscionable conduct/contracts as provided for under ss 20, 21 and 23 of the ACL. s 20 incorporates common law principles established in Commercial Bank of Australia v Amadio; s 21 targets the conduct of persons in trade or commerce in relation to supply or possible supply and acquisition or possible acquisition of goods or services. It offers no protection to listed companies. s 23 makes void unfair terms in consumer contracts where the contract is a standard form contract. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

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In this introductory subject, students examine legal institutions and practices such as law making and interpretation of laws. The law of contract and its place in commercial law, notably the law of the sale of goods, comprise the body of the unit. Other kinds of civil liability such as fault liability are compared. Students examine the economic and political factors which have influenced the development of this law and assess the impact of the law on business and industrial activity. Students are also introduced to the legal structures available for conducting business in Australia.