Fairness in Consumer Contracts

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Author :
Publisher : Routledge
ISBN 13 : 1351937391
Total Pages : 465 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Fairness in Consumer Contracts by : Chris Willett

Download or read book Fairness in Consumer Contracts written by Chris Willett and published by Routledge. This book was released on 2016-12-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unfair Contract Terms in the Digital Age

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800886179
Total Pages : 240 pages
Book Rating : 4.8/5 (8 download)

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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.

Aspects of Fairness in Contract

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Publisher : Blackstone Press
ISBN 13 : 9781854316028
Total Pages : 199 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Aspects of Fairness in Contract by : Chris Willett

Download or read book Aspects of Fairness in Contract written by Chris Willett and published by Blackstone Press. This book was released on 1996 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays was developed from a conference on Fairness in Contract Law which was held at the University of Warwick in May 1994. It will contribute to the ongoing discussion and debate as to the role of fairness in contract law. The book includes chapters on the recent Unfair Terms in Consumer Regulations 1994; quality obligations and remedies in contracts for the sale of goods; liabilities of manufacturers and subcontractors to consumers and employers respectively; agreed remedies and corporate contracts. It will be useful to both academics and students studying contract, consumer and commercial law.

What Place for Fairness in Digital Content Contracts?

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Author :
Publisher : Nomos Verlag
ISBN 13 : 3748922175
Total Pages : 242 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis What Place for Fairness in Digital Content Contracts? by : Agustin Reyna

Download or read book What Place for Fairness in Digital Content Contracts? written by Agustin Reyna and published by Nomos Verlag. This book was released on 2020-10-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Verbraucher sehen sich häufig Beschränkungen beim Zugang zu und bei der Nutzung von online angebotenen Inhalten ausgesetzt, die in Endbenutzer-Lizenzvereinbarungen durchgesetzt werden. Diese Beschränkungen können mit den durch das EU-Verbraucherrecht geschützten Verbraucherinteressen kollidieren. Dieses Buch bewertet die ungeklärte Beziehung zwischen dem EU-Urheberrecht und dem Verbraucherrecht, indem es die geltenden Rechtsvorschriften für die Bereitstellung digitaler Inhalte, einschließlich der neuen Richtlinie über digitale Inhalte und digitale Dienste und der Richtlinie über das Urheberrecht im digitalen Binnenmarkt, sowie die einschlägige Rechtsprechung des EuGH zur Beurteilung von Grundrechtskonflikten im Zusammenhang mit urheberrechtlichen Nutzungsbeschränkungen sorgfältig berücksichtigt. Dieses Buch enthält einen Vorschlag für einen integrativen Ansatz, der darauf abzielt, die Interessen von Urheberrechtsinhabern und Verbrauchern beim Zugang zu digitalen Inhalten und deren Nutzung miteinander in Einklang zu bringen.

Battle of Standard Form Contracts

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Author :
Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.:/5 (779 download)

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Book Synopsis Battle of Standard Form Contracts by : Jong Goo Lee

Download or read book Battle of Standard Form Contracts written by Jong Goo Lee and published by . This book was released on 2011 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Comparative Analysis of Policing Consumer Contracts in China and the EU

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Author :
Publisher : Springer
ISBN 13 : 9811329893
Total Pages : 325 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis A Comparative Analysis of Policing Consumer Contracts in China and the EU by : Jiangqiu Ge

Download or read book A Comparative Analysis of Policing Consumer Contracts in China and the EU written by Jiangqiu Ge and published by Springer. This book was released on 2019-02-07 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.

Unfair Terms in Contracts Concluded with Consumers

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Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 (21 download)

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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:

The Consumer Protection Act 68 of 2008 and Procedural Fairness in Consumer Contracts

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Author :
Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The Consumer Protection Act 68 of 2008 and Procedural Fairness in Consumer Contracts by : Philip N. Stoop

Download or read book The Consumer Protection Act 68 of 2008 and Procedural Fairness in Consumer Contracts written by Philip N. Stoop and published by . This book was released on 2016 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: In general, the concept "contractual fairness" can be narrowed down, described and analysed with reference to the two interdependent types of fairness - substantive and procedural fairness. Measures aimed at procedural fairness in contracts address conduct during the bargaining process and generally aim at ensuring transparency. One could say that a contract is procedurally fair where its terms are transparent and do not mislead as to aspects of the goods, service, price and terms. Despite the noble aims of legislative measures aimed at procedural fairness there are certain limits to the efficacy of procedural measures and transparency. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is fair are analysed in this article, as are other measures contained in the Act, which may also increase procedural fairness, and are discussed so as to allow suppliers to predict whether their contracts will be procedurally fair or not in terms of the Act. The special procedural measures can be categorised under measures requiring disclosure and/or mandatory terms, and measures addressing bargaining position and choice. It is concluded that owing to the nature of all these factors and measures related to procedural fairness, it is clear that openness and transparency are required by the CPA.

A 'Fair Contracts' Approval Mechanism

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis A 'Fair Contracts' Approval Mechanism by : Samuel Becher

Download or read book A 'Fair Contracts' Approval Mechanism written by Samuel Becher and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered frequently by agents who act on behalf of the seller; and promisees (i.e., consumers) do not read or understand them. Consumer contracts are thus useful in modern markets of mass production, but they cast doubt on some fundamental notions of contract law. To reframe the long-lasting debate over consumer contracts this Article develops a superior legal regime whereby sellers can obtain certification of a form contract by an independent third-party. Such approval may be viewed as a quality certification, akin to a Good Housekeeping Seal of Approval, for standard form contracts. The many impediments to the design of such a project notwithstanding, its overall advantages are promising. The tension between the duty to read contracts and the common practice of signing consumer contracts without reading will be better reconciled. The adverse consequences of asymmetric information possessed by typical sellers and consumers will be obviated. This regime will also minimize sellers' ability to manipulate consumers' bounded rationality; increase social welfare by reducing transaction costs; diminish socially undesirable litigation over standardized contracts; make a notable step towards minimizing the alleged anomaly that punitive damage awards create in consumer contract cases; and promote market participants' autonomy by advancing trust between the contracting parties.

Practice Notes on Consumer Law

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Publisher : Routledge
ISBN 13 : 1135341753
Total Pages : 93 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Practice Notes on Consumer Law by : Peter Walker

Download or read book Practice Notes on Consumer Law written by Peter Walker and published by Routledge. This book was released on 2013-03-04 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition of Practice Notes on Consumer Law contains much useful information for those dealing with problems in consumer law, from either the consumer or supplier perspective. These notes include guidance on common problems, checklists, specimen letters and precedents to help you through the common problems in this area of law, which has recently changed so rapidly. Consumer Law covers contract, tort, consumer credit, and consumer safety. Each of these areas has seen huge changes in the ways business is done, largely as a result of changing technology, enabling people to buy goods and services in new ways, including via the internet. That technology can, in itself, be the cause of difficulties, where it goes wrong, or where suppliers have inadequate systems to deal with customer. Both suppliers and consumers need advice on how to deal with the problems that arise. This fourth edition has, therefore, been updated to include: developments such as the Unfair Terms in Consumer Contracts Regulations 1999, and the Contracts (Rights of Third Parties) Act 1999 changes in consumer safety law, particularly the regulations concerning general product safety changes in civil procedure as a result of the Woolf Reforms - the book includes procedural notes relating to litigation the influence of the European Union, particularly consumer protection for distance selling contracts.

Information Rights and Obligations

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Publisher : Routledge
ISBN 13 : 1351927582
Total Pages : 235 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Information Rights and Obligations by : André Janssen

Download or read book Information Rights and Obligations written by André Janssen and published by Routledge. This book was released on 2017-03-02 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Modernising and Harmonising Consumer Contract Law

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Publisher : sellier. european law publ.
ISBN 13 : 386653082X
Total Pages : 333 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Modernising and Harmonising Consumer Contract Law by : Geraint G. Howells

Download or read book Modernising and Harmonising Consumer Contract Law written by Geraint G. Howells and published by sellier. european law publ.. This book was released on 2009 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Concept 'fairness' in the Regulation of Contracts Under the Consumer Protection Act 68 of 2008

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Publisher :
ISBN 13 :
Total Pages : 532 pages
Book Rating : 4.:/5 (843 download)

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Book Synopsis The Concept 'fairness' in the Regulation of Contracts Under the Consumer Protection Act 68 of 2008 by : Philip N. Stoop

Download or read book The Concept 'fairness' in the Regulation of Contracts Under the Consumer Protection Act 68 of 2008 written by Philip N. Stoop and published by . This book was released on 2012 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Handbook of Research on International Consumer Law, Second Edition

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785368214
Total Pages : 525 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Handbook of Research on International Consumer Law, Second Edition by : Geraint Howells

Download or read book Handbook of Research on International Consumer Law, Second Edition written by Geraint Howells and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies.

Plain Words for Consumers

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Publisher :
ISBN 13 :
Total Pages : 92 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Plain Words for Consumers by : Richard Thomas

Download or read book Plain Words for Consumers written by Richard Thomas and published by . This book was released on 1984 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Control of Price Related Terms in Standard Form Contracts

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Publisher : Springer Nature
ISBN 13 : 3030230570
Total Pages : 772 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Control of Price Related Terms in Standard Form Contracts by : Yeşim M. Atamer

Download or read book Control of Price Related Terms in Standard Form Contracts written by Yeşim M. Atamer and published by Springer Nature. This book was released on 2019-11-19 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores various approaches around the world regarding price term control, and particularly discusses the effectiveness of two major paths: ex ante regulatory and ex post judicial intervention. Price control and its limits are issues that affect all liberal market economies, as well as more regulated markets. For the past several years, courts in many different countries have been confronted with the issue of whether, and to what extent, they should intervene regarding price-related terms in standard form contracts – especially in the area of consumer contracts. Open price clauses, flat remunerations, price adjustment clauses, clauses giving the seller/supplier the right to ask for additional payments, bundling or partitioning practices, etc.: a variety of price related terms are used to manipulate customers’ choices, often also by exploiting their behavioral biases. The result is an unfavorable contract that is later challenged in court. However, invalidating a given price term in standard forms e.g. of a banking or utilities contract only has an inter partes effect, which means that in thousands if not millions of similar contracts, the same clauses continue to be used. Effective procedural rules are often lacking. Therefore, pricing patterns that serve to hide rather than to reveal the real cost of goods and services require special attention on the part of regulators. The aim of this book is to determine the various approaches in the world regarding price term control, and particularly to discuss the efficiency of both paths, ex ante regulatory and ex post judicial intervention. Thanks to its broad comparative analysis, this book offers a thorough overview of the methods employed in several countries. It gathers twenty-eight contributions from national rapporteurs and one supra-national rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These are supplemented by a general report presented at the same IACL Congress, which includes a comparative analysis of the national and supranational reports. The national contributors hail from around the globe, including Africa (1), Asia (5), Europe (17), the European Union (1) and the Americas (5).

Rethinking EU Consumer Law

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Author :
Publisher : Routledge
ISBN 13 : 135167532X
Total Pages : 350 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Rethinking EU Consumer Law by : Geraint Howells

Download or read book Rethinking EU Consumer Law written by Geraint Howells and published by Routledge. This book was released on 2017-07-28 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.