The book addresses consumer law issues from a dual perspective by examining both consumers' rights and suppliers' regulatory obligations.
Author: Mary Donnelly (Law teacher)
Consumer Law: Rights and Regulation provides readers with a comprehensive and definitive analysis of contemporary Irish consumer law, within its European context. The book addresses consumer law issues from a dual perspective by examining both consumers' rights and suppliers' regulatory obligations. Key Features * A comprehensive reference that provides you with invaluable analysis and interpretation * Up to date and including all important case law, European and Irish legislation and Codes of Practice * Suited to practitioner needs in advising both consumers and suppliers * Identifies emerging legal developments and allows you to plan for future legal changes * Analyses the policy basis for legal measures and enhances discussions around appropriate reform models * Provides comprehensive analysis of complex and practically important issues in respect of: Sale of goods and supply of services; Product guarantee and product liability; Consumer credit; Financial Services Ombudsman; Investor protection; and Unfair commercial practices. * Includes coverage of: EU Mortgages Directive 2014; European Union (Consumer Information, Cancellation and Other Rights) Regulation 2013 which transposed the Consumer Rights Directive 2011/83/EC;Code of Conduct on Mortgage Arrears 2013; Central Bank Consumer Protection Code 2013; Directive 2013/11/EU on alternative dispute resolution for consumer disputes Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes About the authors Dr Mary Donnelly is a Senior Lecturer in Law at University College Cork. She is the author of The Law of Credit and Security (Thomson Reuters Round Hall, 2011). She has acted as a consultant on consumer and banking law issues for public and private sector organisations. Dr Fidelma White is a Senior Lecturer in Law at University College Cork. She is the author of Commercial Law (Thomson Reuters Round Hall, 2nd ed., 2012). She was a member of the Sales Law Review Group (2008-11) and has acted as a consultant on various consumer law projects in Europe and Ireland.
Consumer finance is protected (see Chapter 14). The Office of Fair Trading has
powers in respect of adverse consumer p1'21Ct1C68. THE NEED FOR
CONSUMER PROTECTION Contract law is generally based on the freedom of
Author: Jacqueline Martin
Key Facts has been specifically written for students studying Law. It is the essential revision tool for a broad range of law courses from A Level to degree level. Consumer Law is also relevant to courses for Trading Standards Officers and many Business Studies courses. The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible. Chapters include: The character of consumer contracts / Consumer protection in contract law / Contracts for sale of goods / Unsolicited goods / Distance selling / Contracts to provide services / Protection under the law of tort / Exemption clauses & unfair terms in consumer contracts / The Consumer Protection Act 1987 / Criminal Law as a means of consumer protection / Consumer finance / Trade Descriptions Act 1968 / Misleading proce indications / Regulating advertising / Insurance / Holidays / Food.
In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States.
Author: Norbert Reich
Publisher: Intersentia Uitgevers N V
In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.
It has a long history in the common law and today occupies thousands of pages
of statutes. Literally millions of transactions each day are covered by its rules. The
duties of consumer law apply to nearly every business, and all individuals enjoy ...
Author: Katherine Porter
Publisher: Wolters Kluwer Law & Business
Modern Consumer Law is a lively, concise, problem-focused text on contemporary consumer law. It is the only text on the market conceptualized after Dodd-Frank and its creation of the Consumer Financial Protection Bureau. The book takes a functional approach to consumer law, looking at types of transactions such as mortgages as well as kinds of laws such as disclosure rules. It examines core theoretical questions in an accessible way, revealing consumer law as a series of statutes built on the common law foundations of contract and tort. Organized into 28 class-sized assignments, the book is easy to adapt to a teacher’s preferences in terms of focus and class credits. The problems provide students with the opportunity to apply statutes to realistic situations and ask them to consider the perspectives of consumers, businesses, and lawmakers. Katherine Porter is a national expert in consumer law and a co-author of Wolter Kluwer’s The Law of Debtors and Creditors.
Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods.
Author: Hans-W. Micklitz
Publisher: Edward Elgar Publishing
Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.
This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions!
Author: Geraint G. Howells
Publisher: Edward Elgar Publishing
This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.
Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights.
Author: Iris Benohr
Publisher: Oxford University Press
Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.
And although the majority of the relevant EU harmonisation measures concern
consumer law, there is also a group of Directives touching commercial contract
law. Measures such as that combating late payments in commercial transactions,
Author: Stephen Weatherill
Publisher: Edward Elgar Publishing
Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.
This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice.
Author: Christine Riefa
This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative obstacles and lack of access to justice is primarily a vulnerability in itself that can exacerbate existing ones. In addition, because it may contribute to ‘pushing’ already vulnerable consumers into social exclusion it is not simply about economic justice but also about social justice. The book shows that lack of access to justice is not irreversible nor is it necessarily linked to consumer apathy. New technologies could provide solutions. The book concludes with a plea for developing ‘inclusive’ justice systems with more emphasis on public enforcement alongside effective courts systems to offer the vulnerable with adequate means to defend themselves. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.
The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way.
Author: Katalin Judit Cseres
Publisher: Kluwer Law International B.V.
The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.
This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law.
Author: Lucie Guibault
Publisher: Kluwer Law International B.V.
This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to the application of general consumer and sector-specific law. An interdisciplinary team of researchers from the Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR), both University of Amsterdam, combine their expertise in general consumer and contract law, telecommunications law, media law, copyright law and privacy law in a joint effort to point the way to a truly cohesive European Framework for Digital Consumers and the Law. Topics in this book include the characteristics of digital content markets and how they relate to traditional consumer law; consumer concerns, reasonable expectations and how they are protected by law; the difficult question of the classification of digital content; legal questions triggered by prosumers and underage consumers; the feasibility and future of the information approach to consumer protection; the role of fundamental rights considerations, and the legal implications of an economy that uses personal data as the new currency. Digital Consumers and the Law is an important analysis for all those interested or involved in the regulation of digital content markets. With its comprehensive discussion of a wide range of fundamental as well as praxis-oriented questions, it is an essential read for academics, policy makers, members of the content industry as well as consumer representatives.
... the International Academy of Commercial and Consumer Law International
Academy of Commercial and Consumer Law. ... there seems no alternative but to
resort to the applicable law as determined by the conflict of laws rules of the
Author: International Academy of Commercial and Consumer Law. Conference
Publisher: Hart Publishing
"Proceedings of the 8th biennial conference of the International Academy of Commercial and Consumer Law."--T.p.
5 Consumer Law and European Contract Law * Reiner Schulze ' A coherent
European contract law ' is the aim of the Action Plan submitted by the European
Commission in March 2003.1 To this end , a ' Common Frame of Reference ' (
CFR ) ...
Author: Geraint Howells
Publisher: Ashgate Publishing, Ltd.
The Yearbook of Consumer Law provides a valuable outlet for high-quality scholarly work which tracks developments in the consumer law field with a domestic, regional and international dimension.
The Commons Public Accounts Committee publishes its 54th report of Session 2010-12, on the basis of evidence from consumer groups, the Department for Business, Innovation and Skills, the Office of Fair Trading, and the Trading Standards ...
Author: Great Britain: Parliament: House of Commons: Committee of Public Accounts
Publisher: The Stationery Office
The Commons Public Accounts Committee publishes its 54th report of Session 2010-12, on the basis of evidence from consumer groups, the Department for Business, Innovation and Skills, the Office of Fair Trading, and the Trading Standards Institute, examining the current arrangements for the enforcement of consumer law, and the proposed changes to the regime. Individual consumers lose around £6.6 billion every year because of the malpractices of traders. At least £4.8 billion is lost through malpractices which occur at a regional or national level, such as mass market scams, counterfeiting, and unscrupulous traders who operate over large geographical areas. The Department has overall responsibility for policy on consumer protection. However, the majority of enforcement work, from weights and measures testing to the prosecution of rogue traders, is carried out by local authority Trading Standards Services, each with jurisdiction in only its own local area. The Committee states, that the Department has limited understanding of the true cost of protecting consumers or of the success of existing interventions. There is no clear and complete information on how much enforcement activity actually costs. The approach to enforcing consumer protection has not kept pace with the changing nature of the problems it is intended to tackle, such as online shopping. Any changes the Department makes must deliver a system fit for the modern era. Responsibility for tackling regional and national instances of malpractice or rogue trading must be clearly designated.
The EC Consumer Law Compendium presents the results of a wide-ranging study prepared for the European Commisison.
Author: Hans Schulte-Nölke
Publisher: Walter de Gruyter
The EC Consumer Law Compendium presents the results of a wide-ranging study prepared for the European Commisison. This Compendium provides the reader with the necessary information for conducting pan-European cross-border consumer transactions. For the first time, the transposition of 8 key consumer directives (including those on sales, unfair terms, distance and doorstep selling as well as package travel and timeshare) into the national laws of all Member States is analyzed. The findings of this study reveal the substantial differences between the various national implementing measures as a result of utilising minimum harmonisation clauses and regulatory options.
This volume considers the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy.
Author: Jane K. Winn
Publisher: Ashgate Publishing, Ltd.
This volume considers the impact of technological innovation on the foundations of consumer advocacy, contracting behaviour, control over intellectual capital and information privacy. A unique and timely perspective on these issues is presented by internationally renowned experts who provide novel approaches to the question of what consumer protection might consist of in the context of technological innovation.
and policy and the different approaches to regulation of the price, quality and
terms of consumer products and services. It provides an opportunity to assess the
role and limits of consumer law and policy in addressing the pathologies of
Author: Iain Ramsay
Publisher: Bloomsbury Publishing
This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.
This collection will be a useful tool for consumer law researchers and valuable to those engaged by this popular practice area.
Author: Thomas Wilhelmsson
Publisher: Edward Elgar Publishing
This two-volume set contains a compilation of path-breaking and well-cited literature as well as otherwise original contributions to the international debate on consumer protection. It focuses in particular on the role and policy of consumer law as well as on the approaches and methods of research in this domain. Key papers regarding the various instruments and issues surrounding consumer law are included. The picture that emerges from this title is an area of law that is profoundly international and multidisciplinary. This collection will be a useful tool for consumer law researchers and valuable to those engaged by this popular practice area.