Australian Consumer Law презентация

Law (“ACL”)

Development of Australian consumer legislation

in the current consumer market

of the consumer market

contracts

consist of a pre-printed form offered on a “take it or leave it” basis to all consumers for that particular type of transaction.

Standard form contracts

section 23 does NOT apply

significant imbalance in the parties' rights and obligations arising under the contract; and
it is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and
it would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.31

When is a term unfair?

contract

Significant imbalance

would be advantaged by the term”

Reasonably necessary

or relied upon?

It is not necessary that a term be enforced to be found that it is unfair.
The detriment caused by the term does not need to cause purely financial detriment.

Detriment

being ‘unfair’ is void. If the term is not a fundamental term of the contract and is severable from the contract the term will be void and the contract will continue to operate as if the unfair term did not exist.
 
If however, the term is an essential part of the contract and the contract is impossible to perform in the absence of the unfair term, the unfair term invalidates the entire contract.52 The assessment as to whether the contract can continue to operate without the term rests solely with the court.

of the following unfair contract terms, which Consumer Affairs Victoria considers unfair.

These are terms that:

give suppliers the right to unilaterally vary prices and other terms and conditions
restrict the liability of the supplier or its employees or agents.
penalise the consumer for breach or termination of a contract.
prevent or restrict the consumer’s dispute resolution options.

of the following contract terms, which Consumer Affairs Victoria considers unfair.

These are terms that:

result in the automatic renewal of memberships
allow the health and fitness centre to vary any or all aspects of the services it provides
make it difficult for consumers to terminate memberships
penalise consumers for terminating memberships
- penalise consumers for breach of contract.