International and Comparative Law Quarterly

Article

THE FUNCTIONS OF TRANSPARENCY IN REGULATING CONTRACT TERMS: UK AND AUSTRALIAN APPROACHES

CHRIS WILLETTa1

a1 De Montfort University. Email: cwillett@dmu.ac.uk.

Abstract

This article considers the functions of transparency in regulating consumer contract terms in the UK and Australia. The discussion is set in the context of EU level regulation with various references to civil law approaches. The main issue explored here is the extent to which transparency is capable of legitimizing substantively unfair terms. However, I also explore other roles that may be played by transparency and the extent to which these are facilitated in the UK and Australia.

(Online publication May 12 2011)