Title

Legitimate interests and unfair terms: the other threshold test

Document Type

Journal Article

Publisher

University of Western Australia

Faculty

Faculty of Business and Law

School

School of Law and Justice

RAS ID

16382

Comments

This article was originally published as: Hevron, A. (2013). Legitimate interests and unfair terms: the other threshold test. University of Western Australia Law Review, 37(1), 253-270.

Abstract

The Australian Consumer Law provides protection to Consumers against unfair terms. The rule includes elements that are a familiar part of the common law of contract in the rule against the restraint of trade. The case law and academic writing on restraint of trade focuses on the reasonableness of the protection provided by the term. Whereas the other part of the rule: the legitimacy of the protected interest, receives less attention. Given the relatively smaller impact of consumer transactions it is suggested that the legitimacy of the protected interest is a more important test under the unfair terms rule.

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