Unit rationale, description and aim
The concern for contractual fairness shown by changing judicial attitudes and increasing legislative interventions signifies the importance and relevance of studying this unit to law graduates. The reality of bargaining weakness and inequality in contractual negotiations results in contracts which are procedurally and substantively unfair, impacting both consumers and small businesses. This unit provides (i) a theoretical understanding of issues underlying contractual unfairness, (ii) the general law’s (common law and equity) and statutory approaches to control unfair contracts and business conduct and (iii) practical applications and impact of contractual fairness on consumer and commercial transactions. Indigenous and comparative international perspectives are included where relevant to enhance the study of this unit. Building on LAWS105 Contract law, this unit focuses on standard form contracts, exclusion clauses and in particular, unfair contract terms. It also deals with unjust contracts, unconscionable conduct and unfair business practices and their associated remedies. The unit’s overarching aim is for students to gain an understanding of principles of contractual fairness, the law’s approach to it and acquisition of skills to apply the law in resolving contractual disputes.