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

Galloway, Kathrine Scott (2006) Legislating conscience into contract : panacea or pandora's box? Masters by Research thesis, Queensland University of Technology.

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 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.

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ID Code: 16337
Item Type: QUT Thesis (Masters by Research)
Supervisor: Butler, Desmond
Keywords: contract law, legal theory, classical contract theory, reliance theory, law and economics, feminist legal theory, Property Agents and Motor Dealers Act 2000 (Qld), Retail Shop Leases Act 1994 (Qld)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Department: Faculty of Law
Institution: Queensland University of Technology
Copyright Owner: Copyright Kathrine Scott Galloway
Deposited On: 03 Dec 2008 14:01
Last Modified: 29 Oct 2011 05:46

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