Contracts plays a large part in any industry and allows both the user and creator of information, product or services to be benefited by its terms. Sometimes these contracts are not necessarily fair on the user of these sources which now has its own specific law, since 1 January 2011, The Unfair Contracts Legislation (Unfair contracts laws). These laws allow the user of the information to be kept safe from unfair changes or sections of the contract made by the creator.
The recent media release by David Bradbury (Parliamentary Secretary to the Treasurer) explains consumer rights and protections under the consumer law and ensures no matter where you are in Australia, you have access to the same rights as a consumer. read more here: http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=pressreleases/2011/011.htm&pageID=003&min=djb&Year=&DocType=0
According to the ASIC (Australia Securities and Investments Commission) the types of contracts that the unfair contract term provisions apply to are 'standard form consumer contracts'. Standard form contracts are
commonly used across a range of industries including telecommunications,
utilities, domestic building and finance.
Consumers and investors enter into standard form contracts for financial products and financial services every day. Contracts for home loans, credit cards and client or broker agreements for example, are almost certainly standard form contracts.
Individually negotiated contracts and contracts between businesses are not covered.
Consumers and investors enter into standard form contracts for financial products and financial services every day. Contracts for home loans, credit cards and client or broker agreements for example, are almost certainly standard form contracts.
Individually negotiated contracts and contracts between businesses are not covered.
A consumer contract is a contract for:
- a financial product, or
- the supply or possible supply of financial services
where at least one of the parties is an individual who is acquiring the financial product or financial service wholly or predominantly for personal, domestic or household use or consumption. Read more here: http://www.asic.gov.au/asic/asic.nsf/byheadline/Unfair-contract-terms-law?openDocument
For articles relating to unfair contract law, see below:
- Australian Woollen Mills Pty Ltd v Commonwealth (http://www.australiancontractlaw.com/cases/awm.html)
- Fitzgerald v FJ Leonhardt Pty Ltd
For a full list of relevant articles relating to case's in Australian contract law see: http://www.australiancontractlaw.com/cases.html
Contract Law and unfair contract terms is relevant to every single consumer in Australia, including myself, i think it is extremely important to know our rights as consumers and what action we can take if we are unfairly treated by the creator of a product, service or information. When looking at my own circumstance, It is apparent that for most of the products and services i puchase, I never actually read and understand the contract I am binding myself too, whether that be signing up for a phone contract or buying clothes online.
Another contract which many Australians (and foreign users) have which they are not always aware of, is the contract between a user and a social network company (Facebook, Twitter). Facebook has terms regarding privacy, safety, sharing, registration and security and many more, this can be viewed by simply clicking on the Facebook homepage and clicking on 'terms' in the bottom right hand corner of the screen.
A case where a user of Facebook has fought against the contract can be seen here: http://articles.businessinsider.com/2010-07-23/tech/30087426_1_paul-ceglia-buyer-contract
Here is also an article which goes into detail into a specific amendment facebook owners made regarding Data use: http://www.nytimes.com/2009/02/19/technology/internet/19facebook.html?_r=1
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