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Legislating Conscience into Contract: How the Property Agents and Motor Dealers Act 2000 Affects Our Understanding of Contract Law in Queensland Residental Land Sales

Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia
Volume 21 Issue 4 (Dec 2007 - Feb 2008)

Abstract: The Property Agents and Motor Dealers Act 2000 (Qld) ushered in a new regime for the creation of residential land sales contracts in Queensland. The rationale of the residential land sales provisions of the Act seems to be to establish a level playing field which will promote conscience in the contracting process. The protections provided focus on the buyer. While the Act utilises elements of familiar consumer protection methodology, their application in this previously little-regulated market has implications for how legal practitioners understand and apply the law of contract and its underpinning philosophy of freedom of contract and autonomy. This paper explores some of those implications and investigates the effectiveness of these provisions of the Act in achieving its goals.

To cite this article: Galloway, Kate. Legislating Conscience into Contract: How the Property Agents and Motor Dealers Act 2000 Affects Our Understanding of Contract Law in Queensland Residental Land Sales [online]. Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia, Vol. 21, No. 4, Dec 2007 - Feb 2008: 3-14. Availability: <http://search.informit.com.au/documentSummary;dn=022185589791547;res=IELHSS> ISSN: 0819-4262. [cited 09 Feb 16].

Personal Author: Galloway, Kate; Source: Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia, Vol. 21, No. 4, Dec 2007 - Feb 2008: 3-14 Document Type: Journal Article ISSN: 0819-4262 Subject: Contracts; Real property; Housing--Law and legislation; Automobile dealers--Legal status, laws, etc.; Identifier: Property Agents and Motor Dealers Act 2000 (Qld) Peer Reviewed: Yes Affiliation: (1) Lecturer in Law, James Cook University

Database: Humanities & Social Sciences Collection