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An Essay Discussing Whether Prohibiting Unfair Contract Terms Unduly Infringes On The Doctrine Of Freedom Of Contract And Party Autonomy

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An Essay Discussing Whether Prohibiting Unfair Contract Terms Unduly Infringes On The Doctrine Of Freedom Of Contract And Party Autonomy

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An Essay Discussing Whether Prohibiting Unfair Contract Terms Unduly Infringes On The Doctrine Of Freedom Of Contract And Party Autonomy
Topics this document covers:
Law Contract law English contract law Common law Legal documents Contract Standard form contract Competition and Consumer Act Unconscionability Australian contract law Consumer protection Inequality of bargaining power Andrew Robertson Arlen Duke Jeannie Paterson
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Topics this document covers:
Law Contract law English contract law Common law Legal documents Contract Standard form contract Competition and Consumer Act Unconscionability Australian contract law Consumer protection Inequality of bargaining power Andrew Robertson Arlen Duke Jeannie Paterson
Sample Text:
Growing economies and markets meant that contract law was of central importance. However, during this period economic fundamentalism was prominent and was evident throughout the politics of the time.1 Governments, concerned essentially with economic growth, accepted neoclassical economics, which relied predominately on the free operation of the market system, as the most effective economic method. This meant that governments were disinclined to intervene in commercial affairs beyond what was necessary to maintain efficient market function. This ideology gave birth to laissez-faire classical contract theory, underpinned by the doctrine of freedom of contract. The notion of freedom of contract means that parties to a contract should be able to agree to whatever terms they see fit and are willing to be bound by, without any legal provisions for unfair ...
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