'Unconscionability' in consumer ecommerce
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This article examines Australia's regulation of unconscionable conduct, in the setting of consumer ecommerce. Both the equitable doctrine of unconscionability and the regulation of unconscionable conduct under the Competition and Consumer Act 2010 (Cth) with its Australian Consumer Law are considered. Account is also taken of case law relating to how unconscionable conduct was regulated under the Trade Practices Act 1974 (Cth). The article highlights that, while the regulation of unconscionable conduct has great potential to benefit and protect ecommerce consumers, it has not really been utilised so far. Further, our key areas of concern for the unconscionability regulation of consumer ecommerce are identified and discussed. Finally, a few speculations as to the future role of unconscionability regulation for consumer ecommerce are presented.
This document has been peer reviewed.