New Zealand Moves to Prohibit Unfair Terms: A Critical Analysis of the Current Proposal

28 Pages Posted: 5 Dec 2015 Last revised: 22 Feb 2016

See all articles by Kate Tokeley

Kate Tokeley

Victoria University of Wellington - Faculty of Law

Date Written: 2013

Abstract

This article critically analyses the current proposals in New Zealand for the introduction of a prohibition of unfair terms. The article explains the details of the proposal and compares it to the unfair terms legislation in Australia and the United Kingdom. The justifications for a prohibition on unfair terms are explained. The article then considers whether the scope of the current New Zealand proposal is adequately aligned with these justifications.

Keywords: contract, unfair, terms, proposal, prohibition, prohibit, justification, critical, analysis, regulation, standard-form, standard, form, consumer, legislation, australia, new zealand, united kingdom, nz, uk, compare, comparitive, comparison, unfair

JEL Classification: H11, K12, K00, K22, K23, K42, K40, L14, L84, M14, N47, N40

Suggested Citation

Tokeley, Kate, New Zealand Moves to Prohibit Unfair Terms: A Critical Analysis of the Current Proposal (2013). University of Western Australia Law Review, Vol. 37, No. 1, p. 107, 2013, Victoria University of Wellington Legal Research Paper No. 19/2016, Available at SSRN: https://ssrn.com/abstract=2697966

Kate Tokeley (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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