期刊名称：The University of Notre Dame Australia Law Review
印刷版ISSN：1441-9769
出版年度：2019
卷号：21
期号：1
页码：1-37
出版社：The University of Notre Dame Australia
摘要：The unfair contract terms (UCT) provisions in the Australian Consumer Law (ACL) have radically affected the common law rights and obligations of parties using ‘standard form’ contracts in Australia. The provisions could be described as the most significant reform to the consumer law framework in Australia since the introduction of the Trade Practices Act 1974 (Cth) (TPA). The provisions now apply to both consumer and small business contracts. With respect to UCTs, where a court finds that terms in standard contracts are ‘unfair’, it may refuse to enforce all or any of the terms of a contract or arrangement. Standard form contracts are widely used in the building and construction industry and a number of terms appear to be inconsistent with the ACL provisions. This article considers the common law doctrine of unconscionability with respect to UCT clauses, the development of UCT legislation and the application of UCT legislation to typical construction industry contracts.
