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Respecting contractual intentions : balancing consumer expectations with the sanctity of contract in the context of standard form insurance contracts

Tarr, Julie-Anne (2002) Respecting contractual intentions : balancing consumer expectations with the sanctity of contract in the context of standard form insurance contracts. In Jones, Roger & Moens, Gabriel (Eds.) International Trade and Business Law Annual. Volume 7. Cavendish Publishing (Australia) Ltd, Sydney, Australia, pp. 287-300.

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Abstract

It is the purpose of this article to examine the means curently available to judges to achieve a workable balance between providing appropriate consumer protection to signatories of standard form contractors while still retaining adequate respect for the sanctity of contract, and, based on this analysis, to determine whether a significantly greater scope of contract (re)construction is likely to become the norm in most common law jurisdictions in the coming decades.

Impact and interest:

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ID Code: 31780
Item Type: Book Chapter
Additional Information: International Trade and Business Law Annual (Volume 7, 2002) is the official publication of the Australian Institute of Foreign and Comparative Law of the University of Queensland, Australia. International Trade and Business LAw Annual is a fully refereed publication.
Keywords: Contract law, Insurance contracts, Consumer law, Comparative law
ISBN: 187621340X
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > BANKING FINANCE AND INVESTMENT (150200) > Insurance Studies (150204)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2002 University of Queensland
Deposited On: 15 Apr 2010 10:41
Last Modified: 05 Jan 2011 23:57

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