Fairness in Consumer Contracts
This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
Vagueness in Normative Texts
Normative texts are meant to be highly impersonal and decontextualised, yet at the same time they also deal with a range of human behaviour that is difficult to predict, which means they have to have a very high degree of determinacy on the one hand, and all-inclusiveness on the other. This poses a dilemma for the writer and interpreter of normative texts. The author of such texts must be determinate and vague at the same time, depending upon to what extent he or she can predict every conceivable contingency that may arise in the application of what he or she writes. The papers in this volume discuss important legal and linguistic aspects relating to the use of vagueness in legal drafting and demonstrate why such aspects are critical to our understanding of the way normative texts function.
Electronic Consumer Contracts in the Conflict of Laws
The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve. Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.
Commercial Contract Law
This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.
Introduction to Business Law
Introduction to Business Law is a student-centred text ideal for those new to the study of law. Offering lively and readable coverage of all main topics, the law is firmly rooted in the business context. This text adopts a fresh approach and is packed with diagrams and examples of how the law impacts on the business world.
User Protection in IT Contracts A Comparative Study of the Protection of the User Against Defective Performance in Information Technology
This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.
The Motor Vehicle Franchise Contract Arbitration Fairness Act
United States. Congress. Senate. Committee on the Judiciary A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de The Motor Vehicle Franchise Contract Arbitration Fairness Act Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.
The Yearbook of Consumer Law
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 volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as sales, credit and safety, as well as more general issues, such as consumer law theory. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments or important court decisions. There is also a review section providing comment on recent publications in this area.The book provides an essential resource for all those, academic and practitioner, working in the areas of consumer law and policy.Contents: Foreword; Part 1 Articles 2008: European consumer law: making sense, Jac G.J. Rinkes; The future of European contract law: some questions and some answers, Guido Alpa; The relationship between national and European consumer policy challenges and perspectives, Hans-W. Micklitz; General clauses on fairness and the promotion of values important in services of general interest, Chris Willett; The statutory frameworks and general rules on unfair commercial practices in the 25 EU member states on the eve of harmonization, Erika Budaite and Cees van Dam; Covert advertising the notion and regulation in the UK, Joanna Wrona; Grounded? Air passenger rights in the European Union, Eliza Varney and Mike Varney; European passenger law for sea and inland waterway transport, Jens Karsten; The future of consumer law: reflections on a regulatory framework for a small island state, Paul Edgar Micallef; The legal rights of the consumer in cases of lack of conformity of goods with the sale contract and his/her contractual rights according to guarantee statements, Paraskevi Paparseniou; The effect of information based consumer protection: lessons from a study of the Irish online market, Mary Donnelly and Fidelma White; Class actions for New Zealand consumers, Kate Tokeley; Expanding the use of credit reports and credit scores: the need for caution and empiricism, Karen Gross. Part 2 Hull Symposium: The Changing Face of Consumer Law: Trade descriptions after the Unfair Commercial Practices Directive, Richard J. Bragg; (Mis)adventures of the consumer in the auction room, Brian W. Harvey; The 'oily rag' of enforcement, Dr Roland Rowell; UK and EU consumer law, Christian Twigg-Flesner. Part 3 Current Developments: General: doorstep selling, Richard Bragg; Restitution of so-called 'gift communities' in Germany, Andreacute; Janssen; Current developments Malta: the Electronic Commerce (General) Regulations, Paul Edgar Micallef; Consumer Credit: Protecting consumer telephone records from unauthorized disclosure, David Kraft; European coalition for responsible credit principles of responsible credit, Udo Reifner; Product Liability: Product safety regulation reform in Australia and Japan: harmonising towards European models?, Luke Nottage; Recent judgements of the European Court of Justice and the elusive goal of harmonization of product liability law in Europe, Magdalena Sengayen; Consumer protection law in Serbia: the current state and projections for the future, Tatjana Jovanic.About the Author: Christian Twigg-Flesner is Senior Lecturer in Private Law at the University of Hull, UK. His publications include Consumer Product Guarantees (Ashgate, 2003), and he has co-authored a number of reports for the Department of Trade and Industry. Deborah Parry is an independent consultant on consumer law matters, having previously been a Senior Lecturer at the University of Hull. She is the co-author of several standard works on consumer law and is consulted regularly by government departments, consumer law enforcement agencies and trade bodies. Geraint Howells is Professor of Law at Lancaster University, and barrister at Gough Square C
B2C Arbitration Consumer Protection in Arbitration
Consumer protection has become a phenomenon of the past years and the combination of consumer protection and arbitration is especially sensitive. Some countries experience tens of thousands of consumer arbitrations each year while others significantly limit or even entirely exclude arbitration in consumer disputes. Many countries have undergone certain reforms in consumer disputes, the main objective of which is the protection of consumers in arbitration. The controversial variable is the degree of protection to be afforded to the consumer, both under the applicable substantive law and in procedural terms. These are the main issues addressed in this book. Apart from the key topic, the author has extensively elaborated on certain fundamental categories such as public interest and public policy (all primarily in connection to the procedural mechanisms of consumer protection); he has also analyzed the applicable European law and the case law of the ECJ and offered an overview of the individual systems employed in both European and non-European countries (especially the USA and Canada). An integral part of this book is an extensive comparison and analysis of the voluminous case law (several tens of decisions), with reference to more than three hundred other available court decisions. The book also focuses on the position of the consumer in the individual procedural stages, the intervention of courts in arbitration motivated by consumer protection, the individual stages of proceedings, recognition and enforcement of arbitral awards rendered in consumer disputes, both in domestic context and in the international milieu etc. The international practice significantly influences the domestic environment in the individual countries. The key issue in the EU countries is, in principle, the enforcement of EU standards which influence the domestic models of consumer protection, primarily in connection with the autonomous EU interpretation of a number of institutions. Many related issues have not yet been addressed in the case law of certain states. In fact, some of them have never even been discovered. Besides, the enforcement of foreign arbitral awards requires, inter alia, the compliance with extra-EU international obligations binding on the individual states. And finally, arbitration is not regulated by the EU law, as opposed to consumer protection. Naturally, arbitration is to a significant extent regulated by international law. This results in conflicts between national, international interpretation and interpretation pursuant to the EU law, where the circumstances allow to apply the EU law. This book is intended for all readers who have any experience with enforcement of consumer rights, as well as for all professionals dealing with arbitration in general. It is therefore intended for general legal practitioners, lawyers, primarily arbitrators, of course, but also for judiciary dealing with civil matters in the broadest sense. Apart from a voluminous case law, the book quotes from a number of domestic and foreign sources and, above all, offers a long list of structured bibliography and detailed subject index, as well as a table of states, table of cases and list of legal sources. It is therefore not only an important tool for the practice, but also a useful instrument for academics (lawyers as well as other professionals).
Home Equity and Ageing Owners
The growing use of housing equity to support a range of activities and needs raises complex issues, particularly for older owners. In an environment in which older owners are pushed towards housing equity transactions to meet income and welfare costs, they are required to make choices from a complex and sometimes bewildering range of options. The transactions which facilitate the use of home equity as a resource to spend in later life - from 'trading down' and 'ordinary' secured and unsecured debt to targeted products including reverse/lifetime mortgages, home reversion plans and sale-and-rentback agreements - raise important legal and regulatory issues. This book provides a contextual analysis of the financial transactions that older people enter into using their housing equity. It traces the protections afforded to older owners through the 'ordinary' law of property and contract, as well as the development of specific regulatory protections focused on targeted products. The book employs the notion of risk to highlight the nature and causes of the 'situational' vulnerabilities to which older people are now subject as 'consumers' of housing equity, showing that the older owner's personal situation is crucial in determining whether and why they may seek to release equity, the options and products available to them, and the impact of harms resulting from adverse transactions. The book critically evaluates the extent to which this context is incorporated in the legal frameworks through which these transactions are governed, as a measure of the 'appropriateness' of existing legal provision, as well as considering the arguments surrounding 'special protection' for older owners in housing equity transactions.