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This fully revised and updated second edition of Consumer Protection Law introduces the reader to the substantive law of consumer protection in the United Kingdom, the emphasis being on the place of United Kingdom law within an evolving European legal system and also on the need to draw upon comparative experience. The book not only seeks to place consumer protection in its purely black-letter context but also draws upon wider readings to show that consumer protection law is a complex area of law which reflects and shapes the individual citizen's position within the modern economy.
This book will describe the development of European Community consumer law and seek to determine to what extent action by the European Community has promoted the interest of consumer protection. In doing so it will consider important areas relating to protection of the consumers economic interests and physical safety, as well as questions of access to justice. In addition to assessing the success of community consumer policy the authors will also put forward suggestions for ways in which consumer protection can be enhanced at the community level.
In October 2008, the European Commission published the Proposal for a Consumer Rights Directive - a proposal that suggests far-reaching changes to the core of consumer contract law. Four current directives are replaced by a new overarching piece of legislation. In doing so, full harmonization should, for the most part, take the place of the minimum standard presently in force in the EU. Although a welcomed initiative, the extent and possible effects of the Proposal have certainly brought a number of issues to the fore. In January 2009, legal experts - from universities, legal practices, and the civil service - met at Manchester University to address the issues raised by the Proposal and to address the question of the extent to which the Proposal can indeed contribute to the modernization and harmonization of European consumer contract law. This book contains the proceedings of the conference, and includes papers that analyze, criticize, and suggest improvements for the Proposal.
Published in 1998, this book seeks to analyse in a comparative framework laws relating to product safety. These include standard setting, general safety obligations, (enforcement agencies), recall of products, export control, product accident monitoring and information exchange systems. The countries studied will include UK, USA, Canada, France, Germany, Sweden, Australia, New Zealand, as well as EC law in the light of the recent EC product safety directives.
Product liability is a topic of increasing commercial and social importance. This book provides a definitive statement of UK product liability law. Central to this is consideration of the strict liability provisions found in Part 1 of the Consumer Protection Act 1987 and the closely related regulatory rules on product safety. Other aspects include contractual (particularly sale of goods law) and negligence liability, both of which play an important role in product liability litigation. The book also considers the legal aspects of product liability insurance and important procedural matters, such as the possibility for class actions and jurisdiction and choice of law questions.Fully updated to incorporate the changes since the previous edition, this book is a comprehensive and authoritative exposition of product liability law.
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.
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 ser...
The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national ...
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.
Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.