Unconscionable Conduct

Unconscionable conduct is a protection against unfair practices in commerce. It is contained in sections 20 to 22 of the Australian Consumer Law[1] and applies to dealings with business and individuals.  

 

To be caught by this law, conduct must be both unfair or harsh, and have an element of bad conscience. But there is no precise legal definition. Factors which courts look at to determine whether conduct is unconscionable include 10 factors:

 

  • Evidence of the parties acting in bad faith...

     

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[1] Competition and Consumer Act 2010 (Cth) See Schedules.

Contract Law

Vitiating Factors

Written by Andrew Pingree. All copyright, 2014-2016 vests in Civilaco Pty Ltd.

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