Difference between revisions of "Consumer Protection from Deceptive and Unconscionable Acts (11:IV)"

Jump to navigation Jump to search
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 5, 2021}}
{{REVIEWED LSLAP | date= June 22, 2022}}
{{LSLAP Manual TOC|expanded = consumer}}
{{LSLAP Manual TOC|expanded = consumer}}


Line 81: Line 81:
:'''NOTE:''' As noted above, s 8(3) sets out a list of circumstances that the court must consider when determining whether a practice is unconscionable. Again, this list is not comprehensive, as the court must consider all of the surrounding circumstances of which the supplier knew or ought to have known at the time of the contract. Ultimately, the essential elements of common law unconscionability need to be met.
:'''NOTE:''' As noted above, s 8(3) sets out a list of circumstances that the court must consider when determining whether a practice is unconscionable. Again, this list is not comprehensive, as the court must consider all of the surrounding circumstances of which the supplier knew or ought to have known at the time of the contract. Ultimately, the essential elements of common law unconscionability need to be met.


Under s 10(1), if an unconscionable act or practice occurred in respect of a consumer transaction, that consumer transaction is not binding on the consumer or guarantor.
:Under s 10(1), if an unconscionable act or practice occurred in respect of a consumer transaction, that consumer transaction is not binding on the consumer or guarantor.


== C. Remedies and Sanctions ==
== C. Remedies and Sanctions ==