The Incorporation of Contractual Terms in Unsigned Documents - Is it Time for a Realistic Consumer-Friendly Approach?

Aviva Freilich, Eileen Webb

Research output: Contribution to journalArticle

Abstract

The common law relating to the incorporation of terms in standard form contracts has generaly failed to reflect the reality ofthe circumstances. Many of these transactions are consumer transactions. They should be classified as such and differentiated from commercial transactions. This classification should attract its own legal approach that utilises notions of the reasonable expectations ofconsumers, an effective and practical notice requirement as well as the concept of unfair contract terms
Original languageEnglish
Pages (from-to)261-273
JournalUniversity of Western Australia Law Review
Volume34
Issue number2
Publication statusPublished - 2009

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