Clarification on commercial law grey area
A new study from the University of 亚洲色吧 has revealed key markers that influence how commercial behaviour is perceived by courts, clarifying the line between legal and illegal conduct in commercial law.
Study author Dr Mark Giancaspro explains that Australian Consumer Law prohibits businesses and consumers from engaging in 鈥榰nconscionable conduct鈥 in trade or commerce.
鈥淓ssentially, unconscionable conduct is defined as seriously repugnant or unacceptable commercial conduct, such as exploiting someone鈥檚 disadvantages for profit,鈥 says Dr Giancaspro, whose study was published in .
鈥淓xamples would be pressuring an elderly person into buying an expensive car, convincing someone who is intoxicated to sell their house for a pittance, or using overwhelming sales tactics to corner someone into signing a contract.
鈥淯nconscionable conduct is illegal, but conduct that is considered merely 鈥榰nfair鈥 is not. The problem is, it isn鈥檛 clear when conduct crosses the line from unfair to unconscionable.鈥