Analysing Conscience as the Mediating Concept Between the Free Market and Consumer Protection in Queensland Land Transactions

Abstract

In light of new amendments to the Property Agents and Motor Dealers Act 2000 (Qld), this paper reviews the conceptual framework within which this Act delivers consumer protection within the free market. It compares the equivalent protection provisions of the Retail Shop Leases Act 1994 (Qld) and assesses whether ‘conscience’ can provide a mediating factor between consumer protection and contract law, or whether these measures effectively remove these contracts from common law contract into their own discrete fi eld. It concludes that implicit reliance on conscience without clearly articulating a standard of conscience leaves these contracts without a clear place within common law doctrine of unconscionability or an effective consumer protection foundation.