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Dissertation
Legislating conscience into contract: Panacea or Pandora's box?
(2006)
  • Kate Galloway, 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.
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)
Publication Date
2006
Degree
LLM (Masters by Research)
Field of study
Law
Department
Faculty of Law
Advisors
Butler, Desmond
Comments
Publication details

Galloway, K. (2006). Legislating conscience into contract: Panacea or Pandora's box? (Masters by research thesis, Queensland University of Technology, Australia).

Copyright © Kathrine Scott Galloway
Citation Information
Kate Galloway. "Legislating conscience into contract: Panacea or Pandora's box?" (2006)
Available at: http://works.bepress.com/kate-galloway/13/