Download or read book Regulating (unjust) Standard Form Contracts in Business Transactions in New Zealand written by Dalin Than and published by . This book was released on 2018 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis initiates a discussion concerning the problem of widespread use of standard form contracts in business transactions. The attention of both legal scholars and the government in relation to standard form contracts is limited to those in consumer markets. The inquiry into this topic will start with a general discussion on the matters of justice in connection to private contracts. Two forms of justice are identified: distributive justice and corrective justice. It is argued that unless market failure is indicated, the regulation of private contracts toward justice should adhere to corrective justice. It will then continue with an in-depth analysis of standard form contracts in both consumer and business contexts with regard to relevant contractual behaviour. The differences of the problems of standard form contracts in both contexts will be illustrated. While consumers suffer detrimentally in relation to the use of unfair terms in standard form contracts, the problem in business transactions usually lies in the abuse of contractual power. The discussion on these two aspects will form a normative framework for an examination of two viable solutions in regulating unjust use of standard form contracts in business relations: (1) extending current consumer protection against unfair contract terms law (section 26A of the Fair Trading Act) to business transactions; and (2) adopting the Australian model of statutory prohibition of unconscionable conduct. Given the distinctive problem of standard form contracts in business transactions compared to those in the consumer market, this thesis argues that the second solution is the preferred option.