Legislating conscience into contract: Panacea or pandora's box?

Research output: ThesisMaster's ThesisResearch

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Abstract

Chapter 11 of the Property Agents and Motor Dealers Act 2000 (Qld) and the Retail Shop Leases Act 1994 (Qld) both introduce procedural requirements to the process for creation of land contracts and were both introduced to address a perceived lack of conscience in each of the industries affected. These represent a recent broadening of the ambit of consumer protection legislation in Queensland which deviates from more traditional methods of statutory intervention in into land contracts. This paper focuses on the extent to which the Acts effectively introducing a conscience element into certain land contracts, and the extent to which this alters classical contract law. The effectiveness of the approach is then tested against the critiques of two alternative theories of law - law and economics and feminist contract theory - to see whether the legislative approach answers the deficiencies in contract identified within the terms of each theory.
Original languageEnglish
QualificationMaster of Science
Awarding Institution
  • Queensland University of Technology
Supervisors/Advisors
  • Butler, Desmond, Principal Supervisor, External person
Award date9 Feb 2007
Publisher
Publication statusPublished - 3 Dec 2008
Externally publishedYes

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conscience
act
Law
contract theory
consumer protection
legislation
industry
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economics

Cite this

Galloway, K. (2008). Legislating conscience into contract: Panacea or pandora's box?. Queensland University of Technology, Faculty of Law.
Galloway, Kathrine. / Legislating conscience into contract : Panacea or pandora's box?. Queensland University of Technology, Faculty of Law, 2008. 179 p.
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title = "Legislating conscience into contract: Panacea or pandora's box?",
abstract = "Chapter 11 of the Property Agents and Motor Dealers Act 2000 (Qld) and the Retail Shop Leases Act 1994 (Qld) both introduce procedural requirements to the process for creation of land contracts and were both introduced to address a perceived lack of conscience in each of the industries affected. These represent a recent broadening of the ambit of consumer protection legislation in Queensland which deviates from more traditional methods of statutory intervention in into land contracts. This paper focuses on the extent to which the Acts effectively introducing a conscience element into certain land contracts, and the extent to which this alters classical contract law. The effectiveness of the approach is then tested against the critiques of two alternative theories of law - law and economics and feminist contract theory - to see whether the legislative approach answers the deficiencies in contract identified within the terms of each theory.",
author = "Kathrine Galloway",
year = "2008",
month = "12",
day = "3",
language = "English",
publisher = "Queensland University of Technology, Faculty of Law",
school = "Queensland University of Technology",

}

Galloway, K 2008, 'Legislating conscience into contract: Panacea or pandora's box?', Master of Science, Queensland University of Technology.

Legislating conscience into contract : Panacea or pandora's box? / Galloway, Kathrine.

Queensland University of Technology, Faculty of Law, 2008. 179 p.

Research output: ThesisMaster's ThesisResearch

TY - THES

T1 - Legislating conscience into contract

T2 - Panacea or pandora's box?

AU - Galloway, Kathrine

PY - 2008/12/3

Y1 - 2008/12/3

N2 - Chapter 11 of the Property Agents and Motor Dealers Act 2000 (Qld) and the Retail Shop Leases Act 1994 (Qld) both introduce procedural requirements to the process for creation of land contracts and were both introduced to address a perceived lack of conscience in each of the industries affected. These represent a recent broadening of the ambit of consumer protection legislation in Queensland which deviates from more traditional methods of statutory intervention in into land contracts. This paper focuses on the extent to which the Acts effectively introducing a conscience element into certain land contracts, and the extent to which this alters classical contract law. The effectiveness of the approach is then tested against the critiques of two alternative theories of law - law and economics and feminist contract theory - to see whether the legislative approach answers the deficiencies in contract identified within the terms of each theory.

AB - Chapter 11 of the Property Agents and Motor Dealers Act 2000 (Qld) and the Retail Shop Leases Act 1994 (Qld) both introduce procedural requirements to the process for creation of land contracts and were both introduced to address a perceived lack of conscience in each of the industries affected. These represent a recent broadening of the ambit of consumer protection legislation in Queensland which deviates from more traditional methods of statutory intervention in into land contracts. This paper focuses on the extent to which the Acts effectively introducing a conscience element into certain land contracts, and the extent to which this alters classical contract law. The effectiveness of the approach is then tested against the critiques of two alternative theories of law - law and economics and feminist contract theory - to see whether the legislative approach answers the deficiencies in contract identified within the terms of each theory.

M3 - Master's Thesis

PB - Queensland University of Technology, Faculty of Law

ER -

Galloway K. Legislating conscience into contract: Panacea or pandora's box?. Queensland University of Technology, Faculty of Law, 2008. 179 p.