WHAT UNCONSCIONABLE CONDUCT IN TRADE OR COMMERCE (ACL) ENTAILS

 

According to Australia consumer law, unconscionable conduct is the terms used to mean the conduct that is harsh and that is against good conscience. Unconscionable conduct does not exactly have a legal meaning but it is a concept developed on basis of a case-by-case by the court.  For a situation to be termed as unconscionable, it must be unfair and against norms of the society.   This unconscionable act deals with the transaction between the weaker and dominant parties. To avoid becoming a victim of unconscionable, one should make sure that all commercial agreements are in writing and signing an agreement after reading and understanding it carefully.  In Australia business must not engage in unconscionable conduct especially when dealing with other businesses or consumers. A situation may be unconscionable if it is harsh or oppressive.   The business behavior is termed as unconscionable if it is harsh beyond commercial bargaining.  The Australian court has found the dealings to be unconscionable when they involve serious misconduct which is clearly unfair.   Relative bargaining strengths of the party are one of the factors that a court consider when assessing the conduct to the selling of goods and services.   The Australian court considers the requirements of the applicable industry codes when evaluating the conduct to the selling or purchasing of goods and services.  In addition, the court considers the extent to which the parties acted in good faith when assessing conduct to the business.    Compensation for damages, financial penalties, contract been declared void, refund of specified services and contract varied are some of the penalties ordered by the court if the court determines unconscionable conduct.

Order Now