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Unconscionable conduct is conduct in which a person takes unconscientious advantage of another person who is unable to protect their own interests by reason of a special disadvantage in their dealing with the first person. The Australian Consumer Law also prohibits persons from engaging in trade or commerce in conduct that is unconscionable in connection with the supply or acquisition of goods or services. In determining whether conduct is unconscionable under the Australian Consumer Law, the court may consider a number of factors, including the relative strengths of the bargaining positions of the parties and whether, as a result of conduct engaged in by the supplier, the customer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the supplier. |
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