Abstract
The doctrines of freedom and sanctity of contracts have combined in Anglo-Australian law to enable dominant contracting parties to abuse their position by foisting unfair contract terms upon those with whom they deal. However, since the heyday of these doctrines in the late nineteenth century, the courts have gradually abridged this power using a variety of equitable and common law doctrines and principles. More recently, unencumbered by constitutional restrictions, parliaments in Australia and the UK have passed legislation specifically aimed at preventing such abuse by rendering ineffective unfair contract terms. This chapter examines this legislation and its justifications and following a comparative analysis makes some suggestions for reform.
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