The applicability of unfair contract terms legislation to franchise contracts

Journal article


Crawford-Spencer, Elizabeth. (2013). The applicability of unfair contract terms legislation to franchise contracts. University of Western Australia Law Review. 37(1), pp. 156 - 175.
AuthorsCrawford-Spencer, Elizabeth
Abstract

In 2010, the Commonwealth Parliament implemented a new Australian Consumer Law (ACL). This law, for the first time in Australia, regulates unfair terms in standard form contracts, but is limited to contracts classed as consumer contracts. This article argues that it is appropriate to extend the unfair contract terms (UCT) provisions of the ACL beyond the definition of consumer under the ACL to encompass franchisees as consumers in a business context, and it explains the flaws in the principal arguments against the protection of franchisees under the UCT legislation. As discussion of the scope of UCT often centres on the 'business' versus 'consumer' distinction, this article explains why this distinction detracts from the proper focus of analysis, a focus that consists of the two principal elements of the UCT provisions: unfair terms and standard-form contracts.

Year2013
JournalUniversity of Western Australia Law Review
Journal citation37 (1), pp. 156 - 175
ISSN0042-0328
Web address (URL)http://www.heinonline.org/HOL/Page?page=156&handle=hein.journals%2Fuwatlw37&collection=journals170&id=170
Page range156 - 175
Research GroupThomas More Law School
Publisher's version
File Access Level
Controlled
Permalink -

https://acuresearchbank.acu.edu.au/item/8q454/the-applicability-of-unfair-contract-terms-legislation-to-franchise-contracts

Restricted files

Publisher's version

  • 96
    total views
  • 0
    total downloads
  • 0
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Models of franchising for social enterprise
Crawford-Spencer, Elizabeth and Cantatore, Francina. (2016). Models of franchising for social enterprise. Journal of Marketing Channels. 23, pp. 47 - 59. https://doi.org/10.1080/1046669X.2016.1147891
Yours, mine, and ours: The development, management and protection of intellectual property in third-sector enterprise
Crawford-Spencer, Elizabeth and Cantatore, Francina. (2014). Yours, mine, and ours: The development, management and protection of intellectual property in third-sector enterprise. Intellectual Property Quarterly. https://doi.org/10.5072/54/589aaf561995c
An exploration of the legal meaning of franchising
Crawford-Spencer, Elizabeth. (2013). An exploration of the legal meaning of franchising. Journal of Marketing Channels: Distribution systems, strategy and managment. 20(1), pp. 25 - 51. https://doi.org/10.1080/1046669X.2013.747858
How a duck walks: an exploration of the legal meaning of franchising
Crawford-Spencer, Elizabeth. (2012). How a duck walks: an exploration of the legal meaning of franchising. 26th Annual International Society of Franchising Conference. Australia: Bond University Press. pp. 1 - 29
The regulation of franchising in the new global economy
Crawford-Spencer, Elizabeth. (2010). The regulation of franchising in the new global economy Edward Elgar Publishing Limited.
All for One and One for All: A Survey of Franchise Trade Associations' Roles in the Governance of the Franchise Relationship
Crawford-Spencer, Elizabeth. (2009). All for One and One for All: A Survey of Franchise Trade Associations' Roles in the Governance of the Franchise Relationship. Australia: Bond University Press. pp. 1 - 47
Consequences of the interaction of standard form and relational contracting in franchising
Crawford-Spencer, Elizabeth. (2009). Consequences of the interaction of standard form and relational contracting in franchising. Franchise Law Journal.
Conditions for effective disclosure in the regulation of franchising
Crawford-Spencer, Elizabeth. (2008). Conditions for effective disclosure in the regulation of franchising. International Review of Applied Economics. 22(4), pp. 509 - 525. https://doi.org/10.1080/02692170802138289
Reconceiving the regulation of the franchise sector
Crawford-Spencer, Elizabeth. (2008). Reconceiving the regulation of the franchise sector. Macquarie Law Journal. 8, pp. 103 - 123.
Effective Disclosure in the REgulation of Franchising
Crawford-Spencer, Elizabeth. (2008). Effective Disclosure in the REgulation of Franchising. Australia: Bond University Press. pp. 1 - 29