Critical Analysis In Unfair Contracts: Consumer Laws

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Critical Analysis In Unfair Contracts: Consumer Laws

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Question:
Discuss about the Critical Analysis in Unfair Contracts for Laws.

Answer:

Introduction
Businesses need contracts for every operation that is meaningful to it. This is more so to small businesses where a business may run into losses or potential losses due to bad contracts. A law in regards to unfair contracts was passed by the federal government on 20th October 2015 which is known as Treasury Legislation Amendment (Small business and unfair contract terms) Bill of 2015. It was made to protect small business traders especially in unfair contract terms. It works as a modification for the Australian Consumer Law (Calamari and Perillo, 2010).
Critical Analysis in Unfair Contracts
Unfair contractual terms are applicable for the standard contracts only and can be regulated by the Australian Consumer Laws. The provisions of this law were established in January 2011 to protect the fairness of the terms that are represented in the contract. For a contract to be deemed unfair it must

If it is biased to one party and avoids the convenience of the other party
It has an imbalance in tilt of favor and has an advantage of one party over another
The obligations faced by the parties are not equal
One party gains more at the expense of the other party or parties
It provides one of the parties the power to renew a contract and does not give the other
It allows one party to redo the contractual terms.

There are many other factors that are also considered in declaring a standard contract unfair. It is also important to consider the ‘transparency’ and upfront cost of the contract in declaring it to be unfair. The contract as a whole also needs to be considered because many times, a term individually may seem unfair (Eisenberg, 2009). But if considered from the point of view of the whole contract, the term may seem legitimate. For the last few years, there have been many reports questioning the unfairness and terms between big businesses and small businesses (Smith, 2011).
What are business litigation?
This is taking legal redress in case a contract has been violated or unfair to one party. Business contract agreement is meant to be informative and useful; however, legal issues can become stressful and complicated. A business law attorney can address the particular legal needs and represent you in a court of law (Chitty and Beale, 2012).

Reasons Business Contracts May Be Unenforceable
Companies rely on written business contracts with customers, suppliers and employees to create a solid framework for a business relationship. The contract governs the terms of an employment relationship, and provides important protections for the parties involved. A good contract can help avoid litigation, or prevail in a lawsuit if a dispute ends in court. However, there are some circumstances in which a court can find a contract is not enforceable. Here are some of them: Lack of capacity. All parties to a contract must be able to understand what they are accepting, and if one of the parties does not do so – for reasons that may include mental incapacity or if they do not understand the language of the contract – the contract could be voided in the reasons for the lack of capacity (Smith, 2011). Coercion If one of the parties to a contract signed under duress or was in any way obliged to sign, this may invalidate the contract. The undue influence. If someone is pressured by another person or circumstance (for example, threatening their livelihood or propagating falsehoods) in signing an agreement, this may be cause to void a contract. False statements. If any falsehood occurred during negotiations, this may invalidate a contract. If they are not disclosed. If one party to the contract says nothing about the important details those results in misrepresentation, this may cause a contract to be unenforceable. Injustice. If any of the terms of the contract can be interpreted as manifestly unfair – that is, one of the parties is given a considerable advantage that is considered inconceivable – this may void a contract. Non-compliance with public policies. If any of the terms of the contract specifies that one or more of the parties must act illegally to comply with the terms of the contract, or the forces of one of the parties waive certain legal rights, the contract cannot be enforced (Chitty and Beale, 2012). Mistakes . Unintentional errors made by one or both parties that have a significant impact on the terms of the contract may render it unenforceable. Impossibility. If a party experiences an unforeseen event or circumstance – that is, a fire or a natural disaster that prevents them from delivering a product or service – this may render the contract unenforceable. Is a verbal agreement legally binding in Australia? Is it a verbal agreement legally binding on the long term (WILLETT, 2016).
The states and regions additionally implement these laws in their individual wards and can likewise make a move in the Government Court. The offices cooperate to guarantee a reliable way to deal with consistence and authorization.
Conclusion
In the here and now there will be extensive interruption however in the more extended term the more quick witted undertakings, including government ventures, will survey their agreements and the enactment will make them significantly more profitable. What’s more, recall it is our littler undertakings that will be the huge businesses without bounds. On the off chance that they have reasonable contracts they will utilize significantly more individuals — without a doubt, this was the motivation behind why the enactment was passed (Lawson, 2014).

References
Calamari, J. and Perillo, J. (2010). Contracts. St. Paul, MN: Thomson/West.
Chitty, J. and Beale, H. (2012). Chitty on contracts. London: Sweet & Maxwell.
Eisenberg, M. (2009). Contracts. London: Thomson Reuters (Legal).
Emanuel, S. (n.d.). Contracts.
Lawson, R. (2014). Exclusion clauses and unfair contract terms. London: Sweet & Maxwell, Thomson Reuters.
Smith, M. (2011). Contracts. Chatswood, N.S.W.: LexisNexis Butterworths.
WILLETT, C. (2016). FAIRNESS IN CONSUMER CONTRACTS. [Place of publication not identified]: ROUTLEDGE.

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