LAWS104 Lecture Notes - Lecture 6: Australian Consumer Law, Rescission, Unconscionability
15 Mar 2020
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A lack of genuine consent and free will on part of one or both parties in a contract. Statute: misleading or deceptive conduct, unconscionable transactions and unfair contracts. Terms (australian consumer law: unjust contracts (contracts review act (nsw)) Representations that remain outside of the contract; statements made before the contract is formed, information which described the subject matter which induces the other party to agree into the contract. Where the statement amounts to a representation and is false, which is a misrepresentation, the contract may usually be rescinded because misrepresentation renders a contract voidable and damages are available. Whether the contract may be rescinded and if damages are payable are separate. Alternatives to rescission: action in deceit, action in negligence, action for misleading or deceptive conduct (under statute) Generally, where the operative law is not statute commercial transactions. Statement of fact: edgington v fitzmaurice (1885) 29 ch d 459.
