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880 results in Contract Law

Page 8 of 44

  • Chapter 8 - Key Reflections and Future Directions

  • Luke Nottage, University of Sydney, Justin Malbon, Griffith University, Queensland, Jeannie Paterson, University of Melbourne, Caron Beaton-Wells, University of Melbourne
  • Book:
    ASEAN Consumer Law Harmonisation and Cooperation
    Published online:
    24 August 2019
    Print publication:
    19 September 2019, pp 415-441

  • Summary

    This chapter draws together themes of the earlier chapters to how consumer protection law reform might be advanced in a manner consistent with the evolving 'ASEAN' way in order to effect real and postive change for consumers and markets. We focus on aspects of transgovermentalism and especially 'shared regional value' as a way of conceiving and advancing an operational mechanism among ASEAN member states that may lead to effective consumer protection regulation while retaining regional autonomy and diversity.

  • Chapter 6 - Professional Health Services: ASEAN’s Trade Liberalisation Agenda

  • Luke Nottage, University of Sydney, Justin Malbon, Griffith University, Queensland, Jeannie Paterson, University of Melbourne, Caron Beaton-Wells, University of Melbourne
  • Book:
    ASEAN Consumer Law Harmonisation and Cooperation
    Published online:
    24 August 2019
    Print publication:
    19 September 2019, pp 319-364

  • Summary

    Consumer law and policy generally envisages that consumer interests are best advanced by prohibiting abusive marketplace practices and promoting competition. This chapter proposes the framework be sophisticated for the provision of professional health services. Arguably, universal access to health services is a basic human right. Thus, the consumer interest is best understood within a human rights and a marketplace framework. These two frameworks do not always sit comfortably together, as illustrated in this chapter. The chapter explores the impacts of ASEAN’s market liberalisation strategies upon the delivery of professional health services. One strategy involves regional mutual recognition of health qualifications. This could enhance consumer interests by increased movement of medical practitioners to areas of regional need. Conversely, it could lead them to shift from low-income countries where universal access needs are acute to countries where practitioners receive higher incomes. The chapter concludes with an examination of how ‘health tourism’ is being promoted by some ASEAN members for economic benefit. However, these apparent benefits maybe somewhat illusory.

ASEAN Consumer Law Harmonisation and Cooperation
  • Achievements and Challenges
  • Luke Nottage, Justin Malbon, Jeannie Paterson, Caron Beaton-Wells
  • Published online:
    24 August 2019
    Print publication:
    19 September 2019
  • This is the first Western-language research monograph detailing significant developments in consumer law and policy across the Association of Southeast Asian Nations (ASEAN), underpinned by a growing middle class and implementation of the ASEAN Economic Community from 2016. Eight chapters examine consumer law topics within ASEAN member states (such as product safety and consumer contracts) and across them (financial and health services), as well as the interface with competition law and the nature of ASEAN as a unique and evolving international organisation. The authors include insights from extensive fieldwork, partly through consultancies for the ASEAN Secretariat, to provide a reliable, contextual and up-to-date analysis of consumer law and policy development across the region. The volume also draws on and contributes to theories of law and development in multiple fields, including comparative law, political economy and regional studies.

Contract Law
  • Principles and Context
  • Andrew Stewart, Warren Swain, Karen Fairweather
  • Published online:
    21 June 2019
    Print publication:
    21 June 2019
  • Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution. The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them. Written in a clear and engaging style, Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners.

Page 8 of 44