The article examines the court’s new public role in light of a number of recent decisions and emerging doctrines that have attempted to redefine the commercial landscape of acceptable business conduct. It is argued that new developments in doctrine have arisen in contract law principally because of the court’s desire to expand its private role of corrective justice into a much larger public role involving the implementation and enforcement of public regulatory objectives. The courts, in exercising their equitable jurisdiction, have increasingly adopted an interventionist approach as a means of addressing problems relating to market abuse, market failure and declining commercial morality in modern day contracting.
Ciro, Tony and Goldwasser, Vivien
"From Private Law to Public Regulation: A New Role for Courts?,"
Bond Law Review:
2, Article 11.
Available at: http://epublications.bond.edu.au/blr/vol15/iss2/11