The Liminal Space: Finding Legal Protection for Micro-businesses

Despite statutory developments around regulation of unfair contract terms in the last 30 years,there remains a consistently forgotten group. The micro-businesses that form the backbone ofthe economy regulated by English law remain in limbo, reflected in reports 11 years apart.Through focusing on the key areas of concern raised by micro-businesses in these reports,this research will demonstrate the need for clear legislative intervention. It will first considerthe vulnerable position of micro-businesses and why they require a redeveloped system of protection. Secondly, the judicial tools of interpretation, incorporation, and the equitable doctrine of unconscionability will be evaluated. Thirdly, the current statute and development of good faith in English law will be shown. In conclusion the research will demonstrate theneed to cement broader protection for micro-businesses into a streamlined piece of legislation utilising elements of unconscionability and good faith granting them the support they require.