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

Kathrine Galloway

Research output: ThesisMaster's Thesis

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