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

    File version
    Version of Record (VoR)
    Author(s)
    Galloway, Kathrine
    Griffith University Author(s)
    Galloway, Kate S.
    Year published
    2010
    Metadata
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    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 ...
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    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.
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    Journal Title
    James Cook University Law Review
    Volume
    17
    Publisher URI
    https://www.jcu.edu.au/college-of-business-law-and-governance/law/jcu-law-review
    Copyright Statement
    © 2010 the Author(s). The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
    Subject
    Law and Legal Studies
    Law
    Publication URI
    http://hdl.handle.net/10072/403585
    Collection
    • Journal articles

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