Unconscionability taken one step too far?
Article Abstract:
Two court decisions and a proposal in the Australian Parliament are attempting to expand the applicability of Section 51AA of the Trade Practices Act concerning unconscionability to misleading and deceptive conduct. The case of Pritchard v. Racecage Pty. involves the estate of a man killed during a motor sport rally that Racecage was hired to organize. The issue is whether Racecage had adequately warned and prepared the public about the hazards involved. A list of provisions in the proposed amendment to 51AA are included.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Taking up a corporate opportunity without proper authority and getting some reward for it!
Article Abstract:
The Australia Federal Court ruled, in Natural Extracts Pty. v. Stotter, that trustees could be reimbursed for expenditures incurred for beneficiaries where they act in good faith. The court did not, however, soften its stance on holding directors and other fiduciaries responsible for avoiding conflicts of duty. Trustees must continue to disclose fully and obtain informed consent from those to whom they owe fiduciary duties.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Unconscionable conduct under the Trade Practices Act - an unfair response by the government: a preliminary view
Article Abstract:
The proposed amendments to the Australian Trade Practices Act under part 4A would harm small business more than help. The amendments would expand what is considered unconscionable conduct in consumer contracts, even though Parliament did not intend to create new legal rights. Instead, the amendments would continue an erosion of contract law without providing sufficient remedies.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Female lawyers see bias in their arrests: cursing and culottes were unacceptable to authorities in Texas, Florida
- Abstracts: Female lawyers see bias in their arrests: cursing and culottes were unacceptable to authorities in Texas, Florida. part 2
- Abstracts: Publicity considerations for corporate issuers: getting the message across under the federal securities laws. Current issues and rulemaking projects division of corporation finance
- Abstracts: Reasonable arguments: fair-minded advocacy is a better approach than trench warfare. Hand-me-down trials; learns what the case is really about before taking it over
- Abstracts: Securing non-qualified deferred compensation plan benefits with a group annuity contract is not constructive receipt