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Consumer ProtectionSAMEDIUM

Under Australian law as applied in South Australia, when is conduct or a term in a property sale unconscionable?

Correct Answer

B) When it is so unfair it offends good conscience, judged on bargaining position and circumstances

An unconscionable term is one that is so unfair or oppressive as to go against good conscience. Courts consider factors such as relative bargaining positions, whether the terms were explained, and whether undue influence was applied.

Answer Options
A
Whenever a term turns out badly for the buyer and the buyer later considers it unfair
B
When it is so unfair it offends good conscience, judged on bargaining position and circumstances
C
Whenever the contract requires a deposit above 5% of the price, regardless of the circumstances
D
Whenever settlement is set within 30 days of signing, however willing the buyer was

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Related Topics & Key Terms

Key Terms:

unconscionable termgood consciencerelative bargaining positions
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