Regulating (Unjust) Standard Form Contracts in Business Transactions in New Zealand: An inquiry into Unfair Contract Terms Law and Australian Statutory Prohibition of Unconscionable Conduct

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dc.contributor.advisor Ren, J en
dc.contributor.advisor Cassidy, J en
dc.contributor.author Than, Dalin en
dc.date.accessioned 2018-10-12T02:37:54Z en
dc.date.issued 2018 en
dc.identifier.uri http://hdl.handle.net/2292/41209 en
dc.description Full Text is available to authenticated members of The University of Auckland only. en
dc.description.abstract This thesis initiates a discussion concerning the problem of widespread use of standard form contracts in business transactions. The attention of both legal scholars and the government in relation to standard form contracts is limited to those in consumer markets. The inquiry into this topic will start with a general discussion on the matters of justice in connection to private contracts. Two forms of justice are identified: distributive justice and corrective justice. It is argued that unless market failure is indicated, the regulation of private contracts toward justice should adhere to corrective justice. It will then continue with an in-depth analysis of standard form contracts in both consumer and business contexts with regard to relevant contractual behaviour. The differences of the problems of standard form contracts in both contexts will be illustrated. While consumers suffer detrimentally in relation to the use of unfair terms in standard form contracts, the problem in business transactions usually lies in the abuse of contractual power. The discussion on these two aspects will form a normative framework for an examination of two viable solutions in regulating unjust use of standard form contracts in business relations: (1) extending current consumer protection against unfair contract terms law (section 26A of the Fair Trading Act) to business transactions; and (2) adopting the Australian model of statutory prohibition of unconscionable conduct. Given the distinctive problem of standard form contracts in business transactions compared to those in the consumer market, this thesis argues that the second solution is the preferred option. en
dc.publisher ResearchSpace@Auckland en
dc.relation.ispartof Masters Thesis - University of Auckland en
dc.relation.isreferencedby UoA99265112010602091 en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. en
dc.rights Restricted Item. Full Text is available to authenticated members of The University of Auckland only. en
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm en
dc.rights.uri http://creativecommons.org/licenses/by-nc-sa/3.0/nz/ en
dc.title Regulating (Unjust) Standard Form Contracts in Business Transactions in New Zealand: An inquiry into Unfair Contract Terms Law and Australian Statutory Prohibition of Unconscionable Conduct en
dc.type Thesis en
thesis.degree.discipline Commercial Law en
thesis.degree.grantor The University of Auckland en
thesis.degree.level Masters en
dc.rights.holder Copyright: The author en
pubs.elements-id 754711 en
pubs.record-created-at-source-date 2018-10-12 en


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http://creativecommons.org/licenses/by-nc-sa/3.0/nz/ Except where otherwise noted, this item's license is described as http://creativecommons.org/licenses/by-nc-sa/3.0/nz/

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