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Unruh-Turner (UT) Law
The Unruh-Turner (UT) Law states that a violation of an economic regulation is only illegal if a particular economic decision can be shown to be ‘unreasonable’. This is a standard on commercial law which is increasingly used in cases which involve fraud, monopoly and anti-competitive practices. UT Law therefore forms a large part of competition law, which seeks to prevent any barriers that would prevent economic transactions and competition between different businesses.
The UT Law dates back to the early 19th century in the United Kingdom. At the time, the fairest form of competition between businesses was thought to provide the best outcome for the nation’s overall economic prosperity. It was at this time in which the opinion of the UT Law was formed. The law states that all parties involved in a transaction must act in good faith and their decisions must not be ‘unreasonable’. This means that any legislation or policy that affects commercial transactions, must be reasonable and not disproportionate in its effect.
The UT law was originally moulded to protect the interests of a business who was included in the market against any attempt of other businesses to use ‘unreasonable’ practices in order to gain an advantage over them. The UT Law also applies in a more broad sense, however, and aims to protect consumers from any unfair or deceptive practices. It is therefore fundamental in competition law and can be seen as the cornerstone upon which competition law sits.
In order to determine whether certain practices in business are actually ‘unreasonable’, it can be difficult for courts to make an impartial decision. As businesses are not forced to be ‘reasonable’ in their practices, it can be difficult to prove that their decisions are wilfully unreasonable. It is thus important that there is an understanding of how decisions by businesses are made in order to ascertain whether they are reasonable or not.
The UT law plays a pivotal role in the creation of a commercial market that is equitable and transparent. By ensuring all parties involved in a transaction act in accordance with reasonable practices, it prevents unjustified advantages and protect both consumers and businesses alike. This helps to create a healthy and efficient market and ensure economic growth.