Contract terms, consumer protections and unfair clauses
Read terms critically and recognise where statutory consumer protections can affect a contract.
Learn
A written contract is not the end of the analysis. Terms must be read in context, and legislation can impose rights or restrictions. The Australian Consumer Law includes rules dealing with misleading or deceptive conduct, unconscionable conduct, consumer guarantees and unfair contract terms. Whether those rules apply depends on the transaction and the parties.
See it
A business may point to a clause in its terms, but the clause still has to operate consistently with applicable legislation.
Try it
Mark up a sample contract: obligations, payment terms, termination, liability, dispute process, unusual terms and any statutory issue to check.
Complete the mission
Produce a one-page contract risk summary using a sample agreement.