The Unfair Contract Term Provisions: What's Transparency Got to do with it?

  • Peter Sise Senior Associate of Clayton Utz

Abstract

Provisions in the Australian Consumer Law allow a court to declare an ‘unfair’ term in a ‘consumer contract’ or a ‘small business contract’ void. When determining whether a term is unfair, a court must consider the extent to which it is transparent. Transparency is important since it is one of only two factors that a court must consider when making this determination. This article will examine whether transparency is logically relevant to the legislative test for whether a term is unfair. It will argue that it is of limited relevance and hence should not be a mandatory consideration for determining unfairness. It will then consider several alternatives to making transparency a mandatory consideration.

Published
Oct 5, 2017
How to Cite
SISE, Peter. The Unfair Contract Term Provisions: What's Transparency Got to do with it?. QUT Law Review, [S.l.], v. 17, n. 1, p. 160-173, oct. 2017. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/686>. Date accessed: 21 nov. 2017. doi: https://doi.org/10.5204/qutlr.v17i1.686.
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