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Extending The Scope Of The Unfair Terms Discipline In Consumer Contracts An Economic And Behavioural Perspective
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Book Synopsis Extending the Scope of the Unfair Terms Discipline in Consumer Contracts - An Economic and Behavioural Perspective by : Hanneke A. Luth
Download or read book Extending the Scope of the Unfair Terms Discipline in Consumer Contracts - An Economic and Behavioural Perspective written by Hanneke A. Luth and published by . This book was released on 2008 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent policy discussions, a need is expressed for more substantive control over terms in consumer contracts. This paper comments on one example of this expressed need, namely the suggestion to extend the scope of the fairness test to cover price and main subject matter and the discipline of unfair terms to also cover negotiated terms. This suggestion is brought forward in the Green Paper on the Review of the Consumer Acquis. Consumer protection will be viewed from a law and economics approach and discussed using insights that behavioural law and economics has added to the discussion. Standard terms are analysed more in detail, as the concept within consumer contracts that make policy makers most uneasy due to the standardisation aspect, the take-it-or-leave-it nature of the contract, and the signing-without-reading problem.It will be concluded that while implementing the suggestions from the Green Paper are undesirable. Not only is extending the scope of the Unfair Terms doctrine a too general instrument for the problems addressed; the extension will also generate adverse effects connected to consumer moral hazard, the incentive to thoroughly assess the consequences of one's actions and decisions to prevent error and the decline in available options to consumers. Even so, market failures and behavioural biases might prevent the formation of efficient consumer standard terms. Additional government intervention could be warranted from an efficiency point of view to more effectively and efficiently influence the substance of terms in consumer contracts. Policy makers might want to assess options beyond regulation, such as stimulating negotiations between business and consumer interest groups to provide default standard forms. These forms could provide an anchor for negotiated terms between business and consumers, having a welfare-enhancing effect with respect to negotiated terms as well.
Book Synopsis Digital Consumers and the Law by : Lucie Guibault
Download or read book Digital Consumers and the Law written by Lucie Guibault and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Economic Analysis of the DCFR by : Filomena Chirico
Download or read book Economic Analysis of the DCFR written by Filomena Chirico and published by Walter de Gruyter. This book was released on 2010-03-12 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.
Book Synopsis Unfair Contract Terms in the Digital Age by : Gardiner, Caterina
Download or read book Unfair Contract Terms in the Digital Age written by Gardiner, Caterina and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
Book Synopsis Contracts of Adhesion Between Law and Economics by : Elena D'Agostino
Download or read book Contracts of Adhesion Between Law and Economics written by Elena D'Agostino and published by Springer. This book was released on 2014-11-21 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer’s psychology and seller’s drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.
Book Synopsis Widening the Scope for Action Under the Unfair Terms in Consumer Contracts Regulations by :
Download or read book Widening the Scope for Action Under the Unfair Terms in Consumer Contracts Regulations written by and published by . This book was released on 1998 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Who's Who in International Organizations by : Union of International Associations
Download or read book Who's Who in International Organizations written by Union of International Associations and published by De Gruyter Saur. This book was released on 2010-12-13 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yearbook of International Organizations is the most comprehensive reference resource and provides current details of international non-governmental (NGO) and intergovernmental organizations (IGO). Collected and documented by the Union of International Associations (UIA), detailed information on international organizations worldwide can be found here. Besides historical and organizational information, details on activities, events or publications, contact details, biographies of the leading individuals as well as the presentation of networks of organizations are included.
Book Synopsis Unfair Contract Terms by : National Consumer Council
Download or read book Unfair Contract Terms written by National Consumer Council and published by . This book was released on 1998 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair terms in consumer contracts in a European perspective by :
Download or read book Unfair terms in consumer contracts in a European perspective written by and published by Nordic Council of Ministers. This book was released on 1991 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary.
Book Synopsis Widening the Scope for Action Under the Unfair Terms in Consumer Contracts Regulations. A Consultation Paper by :
Download or read book Widening the Scope for Action Under the Unfair Terms in Consumer Contracts Regulations. A Consultation Paper written by and published by . This book was released on 1998 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bulletin of the Atomic Scientists by :
Download or read book Bulletin of the Atomic Scientists written by and published by . This book was released on 1955-04 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.
Book Synopsis Regulation of Unfair Terms in Consumer Contracts--An American Perspective by : James P. Nehf
Download or read book Regulation of Unfair Terms in Consumer Contracts--An American Perspective written by James P. Nehf and published by . This book was released on 2020 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the typical merchant-consumer transaction, standard terms are of course the norm. Consumer transactions are documented by contracts of adhesion where most, if not all, of the terms are drafted by the merchant and are not negotiable. Even if they were negotiable, the vast majority of consumers will either not be aware of this possibility or, quite reasonably, will conclude that they cannot bargain effectively over terms either because they do not understand their legal import or they cannot envision alternatives that would better serve their interests. Sometimes those standard terms are so one-sided in favor of the merchant that they inflict unfair hardship on the unknowing consumer. In the United States, there is no omnibus law on unfair contract terms that applies uniformly throughout the country. Regulation of unfair terms is addressed piecemeal, with limited protection in certain sectors at the federal level and most of the regulatory norms imposed by the individual states. Those norms can take statutory or common law form, and while they can vary widely from state to state, there are some parallel themes.
Book Synopsis Unfair Terms in Contracts Concluded with Consumers by : Commission of the European Communities
Download or read book Unfair Terms in Contracts Concluded with Consumers written by Commission of the European Communities and published by . This book was released on 1984 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Widening the Scope for Action Under the Unfair Termas in Consumer Contracts Regulations by : Great Britain. Department of Trade and Industry
Download or read book Widening the Scope for Action Under the Unfair Termas in Consumer Contracts Regulations written by Great Britain. Department of Trade and Industry and published by . This book was released on 1998 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Exemption Clauses and Unfair Terms by : Elizabeth J. Macdonald
Download or read book Exemption Clauses and Unfair Terms written by Elizabeth J. Macdonald and published by Bloomsbury Professional. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any contract is likely to have its fair share of exemption clauses and failure to read the small print is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of unfair terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book also deals thoroughly with penalty and forfeiture clauses and is the definitive in-depth text giving exhaustive coverage of the subject.
Download or read book Unfair Terms in Contracts written by and published by . This book was released on with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unfair Terms in Comparative Perspective by : Jean Braucher
Download or read book Unfair Terms in Comparative Perspective written by Jean Braucher and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The phenomenon of unfair terms in mass-market contracts is widely acknowledged, as is the fictional nature of “assent” or “consent” to all but a few obvious terms, such as price and key product features. Although some still argue for facilitating choice through better disclosure and education of customers, most policymakers, regulators, and scholars concede that there often can be no real assent to mass-market standard terms, but then balk at meaningful solutions to address market failure. The problem of nasty standard terms is seen as intractable. A good example of recognition of the problem of unfair terms but reluctance to provide effective remedies is the recent project of the American Law Institute - the Principles of the Law of Software Contracts. The Principles address every issue raised by the coalition of software customers concerning unfair terms and practices, but they rely too heavily on after-the-fact judicial policing using broad standards and do not call for administrative prevention or enforcement. The Principles thus are mostly symbolic, although in several places they propose meaningful commands and in others they use illustrations to target specific suspect terms. Overall, they suggest some important ways to make software contracts fairer and succeed in making the point that policing of terms is more tractable if done industry by industry, with attention to particularities, but they stop short of a workable implementation strategy. An alternative regulatory model is presented by the EU Unfair Contract Terms in Consumer Contracts Directive. The Directive has its own limitations, such as a scope limited to natural persons acting outside their trade or business. However, its greatest strength is an explicit recognition that unfair terms not only should be unenforceable, but also have to be kept out of contracts in the first place. Prevention of unfair drafting requires responsive regulation designed to curb and channel corporate culture. The United Kingdom's Office of Fair Trading (scheduled for elimination in 2014 by the Coalition Government by being merged into a new Competition and Markets Authority) has made use of such an approach in its implementation of the Directive in UK law. The quest for effective implementation of constraints on unfairness should continue. From a comparative perspective, the US and Europe each have something to learn from the other, and an amalgam of their approaches to unfair terms may provide better oversight than what either has devised so far.
