DOES AUSTRALIA'S UNFAIR CONTRACTS ACT LIMIT OR ENHANCE CONTRACTUAL FREEDOM?

摘要

In late 2015 Australia banned 'unfair' contract terms between large and small businesses. This article explains the context of the legislation and defends it from a free-market perspective. It argues that the legislation enhances contractual freedom by codifying the elements that defne a commercial contract at common law, and so protects the trust that is embedded in the structure of the contract.