Critical Analysis In Unfair Contracts: Consumer Laws

Critical Analysis In Unfair Contracts: Consumer Laws

Free Samples

Critical Analysis In Unfair Contracts: Consumer Laws

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

Critical Analysis In Unfair Contracts: Consumer Laws

0 Download5 Pages / 1,001 Words

Discuss about the Critical Analysis in Unfair Contracts for Laws.

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.
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).
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.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 5 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2018). Critical Analysis In Unfair Contracts: Consumer Laws. Retrieved from

“Critical Analysis In Unfair Contracts: Consumer Laws.” My Assignment Help, 2018,

My Assignment Help (2018) Critical Analysis In Unfair Contracts: Consumer Laws [Online]. Available from:[Accessed 19 December 2021].

My Assignment Help. ‘Critical Analysis In Unfair Contracts: Consumer Laws’ (My Assignment Help, 2018) accessed 19 December 2021.

My Assignment Help. Critical Analysis In Unfair Contracts: Consumer Laws [Internet]. My Assignment Help. 2018 [cited 19 December 2021]. Available from:

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.


Password: is one of the noted service providers that deliver essay help. We provide tailored essay assistance to make sure that student gets online essay help exactly in the way they want it to be written. We at have built teams of consultants, who readily attend every query related to help me writing my essay. We provide essay writing help in forms of tips and steps in order o assist students with tough essay assignments.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Our Essay Writing Service Features

Qualified Writers
Looming deadline? Get your paper done in 6 hours or less. Message via chat and we'll get onto it.
We care about the privacy of our clients and will never share your personal information with any third parties or persons.
Free Turnitin Report
A plagiarism report from Turnitin can be attached to your order to ensure your paper's originality.
Safe Payments
The further the deadline or the more pages you order, the lower the price! Affordability is in our DNA.
No Hidden Charges
We offer the lowest prices per page in the industry, with an average of $7 per page
24/7/365 Support
You can contact us any time of day and night with any questions; we'll always be happy to help you out.
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$3.99 Outline
$21.99 Unlimited Revisions
Get all these features for $65.77 FREE
Do My Paper

Frequently Asked Questions About Our Essay Writing Service

Academic Paper Writing Service

Our essay writers will gladly help you with:

Business Plan
Presentation or Speech
Admission Essay
Case Study
Reflective Writing
Annotated Bibliography
Creative Writing
Term Paper
Article Review
Critical Thinking / Review
Research Paper
Thesis / Dissertation
Book / Movie Review
Book Reviews
Literature Review
Research Proposal
Editing and proofreading
Find Your Writer

Latest Feedback From Our Customers

Customer ID:  # 678224
Research Paper
Highly knowledgeable expert, reasonable price. Great at explaining hard concerts!
Writer: Raymond B.
Customer ID: # 619634
Essay (any type)
Helped me with bear and bull markets right before my exam! Fast teacher. Would work with Grace again.
Writer: Lilian G.
Customer ID: # 519731
Research Paper
If you are scanning reviews trying to find a great tutoring service, then scan no more. This service elite!
Writer: Grace P.
Customer ID: #499222
Essay (any type)
This writer is great, finished very fast and the essay was perfect. Writer goes out of her way to meet your assignment needs!
Writer: Amanda B.
Place an Order

Calculate the price of your order

You will get a personal manager and a discount.
We'll send you the first draft for approval by at
Total price:

Powered by

× WhatsApp Us