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Author : Elisabeth Wentworth
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (134 download)
Download or read book Unfair Contract Terms in Financial Services Contracts written by Elisabeth Wentworth and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 904113526X
Total Pages : 354 pages
Book Rating : 4.0/5 (411 download)
Download or read book Financial Services, Financial Crisis and General European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speculation is rife on the origins of the worldwide financial crisis of 2008, with a preponderance focusing on alleged shortcomings in corporate governance. This book offers a distinct yet complementary perspective: that the most useful path to follow, if we want to understand what happened and forestall its happening again, is through an analysis of contract relationships - specifically, banking contracts entered into in the financial services sector, considered under the rubric of contract law rather than company law. Because banking is the area of European contract law which is most thoroughly developed, banking contracts can be seen as paradigmatic of typical assumptions and shortcomings often examined in the more general debate on contract law. And indeed, the very thoroughness of European banking contract law makes it a promising ground on which to build effective preventive measures. In this book thirteen noted scholars, recognizing that modern contract law must take into account global markets and risks, consider banking contracts within networks and within mass transactions. Always attending to the long-term relationships that characterize financial services contracts, they focus on such cross-sector issues as the following: rule-setting and the question of who should best regulate and at which level; networks of contracts as the backbone of a market economy; the complex interplay between market regulation and traditional contract law; avoiding erroneous assumptions about the future development of prices; the passing on of the risk via securitization; rating relationships affected by conflicts of interests; remuneration problems; core duties of information and advice in an agency relationship in services; fiduciary duties of loyalty and care; types of clients and level of protection; differentiation in information available on various markets; and the question of enforcement.
Author : R. G. Lawson
Publisher : Sweet & Maxwell
ISBN 13 : 0414045769
Total Pages : 368 pages
Book Rating : 4.4/5 (14 download)
Download or read book Exclusion Clauses and Unfair Contract Terms written by R. G. Lawson and published by Sweet & Maxwell. This book was released on 2011 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.
Author : Gardiner, Caterina
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886179
Total Pages : 240 pages
Book Rating : 4.8/5 (8 download)
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.
Author : Standing Committee of Officials of Consumer Affairs. Unfair Contract Terms Working Party
Publisher :
ISBN 13 :
Total Pages : 55 pages
Book Rating : 4.:/5 (224 download)
Download or read book Unfair Contract Terms written by Standing Committee of Officials of Consumer Affairs. Unfair Contract Terms Working Party and published by . This book was released on 2004 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It was reported to the Ministerial Council on Consumer Affairs (MCCA) in August 2002 that fair trading and consumer protection jurisdictions across Australia share a growing number of problems with unfair terms in consumer contracts in various areas of the marketplace. Consumer contracts are increasingly complex and it is becoming correspondingly difficult for consumers to identify important terms, rights and responsibilities and potential costs associated with purchase agreements. New technologies and borderless markets further complicate the picture. At its 2002 meeting MCCA therefore directed the Standing Committee of Officials of Consumer Affairs (SCOCA) to establish a national working party to investigate policy options to address unfair terms in consumer contracts and the merits of adopting a more nationally consistent and effective regulatory regime ... The purpose of this Discussion Paper is to seek the views of the wider community on the need for unfair contract terms regulation and the best model for achieving this." -- from the Introduction, p. 5.
Author : Jeannie Marie Paterson
Publisher :
ISBN 13 : 9780455229089
Total Pages : 221 pages
Book Rating : 4.2/5 (29 download)
Download or read book Unfair Contract Terms Law in Australia written by Jeannie Marie Paterson and published by . This book was released on 2011 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new and timely work provides up-to-date and detailed analysis of the new Unfair Contract Terms Law (UCTL) that was introduced as part of the Australian Consumer Law reforms of 2010, and which took effect in each state and territory from 1 January 2011. The UCTL represents a radical change in consumer protection law and in contract law. In Unfair Contract Terms Law in Australia experienced author and senior lecturer Dr Jeannie Paterson explains the operation of the UCTL and considers the implications for standard boilerplate terms in consumer contracts. The work also examines the background to the reforms and utilises precedents drawn from similar regimes that have operated in Victoria and the UK. UNFAIR CONTRACT TERMS IN AUSTRALIA will be highly useful for litigation purposes and compliance work. It will appeal to competition, consumer and commercial solicitors and barristers as well as regulators involved in drafting, reviewing and enforcing standard form consumer contracts. Traders dealing with consumers will find this work invaluable as they review their contracts to ensure compliance with the legislation. UNFAIR CONTRACT TERMS IN AUSTRALIA is a vital resource for the adjustment to, and ongoing compliance with, the new law.
Author :
Publisher :
ISBN 13 : 9781921581694
Total Pages : 1 pages
Book Rating : 4.5/5 (816 download)
Download or read book Consumers and Unfair Contract Terms written by and published by . This book was released on 2010 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Commission of the European Communities
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 (21 download)
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:
Author :
Publisher :
ISBN 13 : 9781921581595
Total Pages : 29 pages
Book Rating : 4.5/5 (815 download)
Download or read book A Guide to the Unfair Contract Terms Law written by and published by . This book was released on 2010 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 : 9780192866592
Total Pages : 0 pages
Book Rating : 4.8/5 (665 download)
Download or read book Unfair Terms in Banking and Financial Contracts written by and published by . This book was released on 2023-09-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely new work provides a thorough overview, analysis, and discussion of standard terms control for banking and financial contracts in Europe. Unfair Terms in Banking and Financial Contracts argues that this sector uniquely necessitates unfair terms control, due to the asymmetrical relationship between lay consumers and the financial industry and discusses the role of the judiciary in addressing this imbalance. The rise of unfair terms control as a remedy for consumers and businesses against financial institutions with superior bargaining power has led to questions about the Directive's threat to existing contracts. Disputes have already arisen across Europe in several areas including foreign currency housing loans, housing loans based on Euribor, and hidden bank fees. These disputes and their outcomes are high stakes for banks and their customers. The stakes of the outcomes of these disputes for the customers as well as for the banks are very high. The book focuses on the EU Unfair Terms Directive (UTD) but also considers the law of non-EU jurisdictions. Beginning with an overview of the UTD and the extensive case law of the CJEU, the volume brings together leading authorities in the field of financial law to provide analyses of the UTD's application in this sector across 15 EU jurisdictions (Ireland, Germany, France, Italy, Spain, Austria, The Netherlands, Belgium, Sweden, Greece, Poland, Romania, Czech Republic, Hungary, and Estonia). It then goes on to compare the legal situation in three non-EU jurisdictions (United Kingdom, Switzerland, and Norway). Locating unfair terms control within a broader European struggle to balance the power of market forces and the requirements of social justice, the volume offers a critique of the existing regime and concludes with a proposal for a common legal framework to ensure a level playing field and greater harmonisation across the EU.
Author : Richard Lawson
Publisher : A&C Black
ISBN 13 : 1847668674
Total Pages : 447 pages
Book Rating : 4.8/5 (476 download)
Download or read book Commercial Contracts written by Richard Lawson and published by A&C Black. This book was released on 2011-01-01 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Contracts: A Practical Guide to Standard Terms is an invaluable guide to the practical aspects of drafting and interpreting commercial contracts. It provides useful background and detailed advice on the law surrounding a wide range of commercial agreements including: key common clauses; when to use standard terms; procedures and good practice; termination of contracts; remedies for breach; and the specific issues relating to export, software and consumer contracts. It also contains valuable precedents, including expert guidance on business-to-business and business-to-consumer agreements, providing users with an excellent tool for drafting commercial contracts. Includes important new case law on: - how to incorporate terms into a contract - how an exclusion clause must be drafted to have full effect - the terms as to quality implied into contracts by the Sale of Goods Act 1979 - what constitute reasonable and fair terms under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. There is also an account of the new rights to cancel contracts introduced by the Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008 Includes detailed coverage of the changes made in the area of hire purchase and conditional sale agreements by the Consumer Credit Act 2006 and the important changes to be introduced in this area under EU law from 1 February 2011.
Author : British Columbia Law Institute
Publisher :
ISBN 13 : 9781894278270
Total Pages : 50 pages
Book Rating : 4.2/5 (782 download)
Download or read book Unfair Contract Terms written by British Columbia Law Institute and published by . This book was released on 2005 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roger Brownsword
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.F/5 ( download)
Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Author : Karen Fairweather
Publisher : Routledge
ISBN 13 : 1317158075
Total Pages : 312 pages
Book Rating : 4.3/5 (171 download)
Download or read book Credit, Consumers and the Law written by Karen Fairweather and published by Routledge. This book was released on 2016-10-14 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer law, particularly consumer credit law, is characterised by increasingly complex regulation in Western economies. Reacting to the Global Financial Crisis, governments in the UK, the EU, Australia, New Zealand and the United States have adopted new laws dealing with consumer credit, responsible lending, consumer guarantees and unfair contracts. Drawing together authors from all of these jurisdictions, this book analyses and evaluates these initiatives, and makes predictions as to their likely success and possible flaws.
Author : Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
ISBN 13 : 3866530234
Total Pages : 353 pages
Book Rating : 4.8/5 (665 download)
Download or read book Contract I written by Research Group on the Existing EC Private Law and published by sellier. european law publ.. This book was released on 2007 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Acquis Group - also known as the European Research Group on Existing EC Private Law - pursues the objective of presenting, in a restated form known as the Acquis Principles, the large and sometimes incoherent patchwork of existing EC private law. These principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps. They function as a tool for the better understanding and improvement of EC private law. They are also intended to ensure that the existing EC law is appropriately reflected in the broader Common Frame of Reference. The principles include a commentary outlining the Acquis foundations, as well as definitions of core legal terms and a glossary on terminology. Formulated with the Acquis Principles in mind, Contract I is the first of a new series. It covers the areas of general EC contract law which surround the formation of contracts, including key rules on pre-contractual duties, the conclusion of a contract, and its content.
Author : Richard Lawson
Publisher :
ISBN 13 : 9780414062955
Total Pages : 370 pages
Book Rating : 4.0/5 (629 download)
Download or read book Exclusion Clauses and Unfair Contract Terms written by Richard Lawson and published by . This book was released on 2017-09-30 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Peter B. Rutledge
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Contract and Choice written by Peter B. Rutledge and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article contributes to an ongoing debate, afoot in academic, legal, and policy circles, over the future of consumer arbitration. Utilizing a newly-available database of credit card agreements, the article offers an in-depth examination of dispute resolution practices within the credit card industry. In some respects, the data cast doubt on the conventional wisdom about the pervasiveness of arbitration clauses in consumer contracts and the presence of unfair terms. For example, the vast majority of credit card issuers do not utilize arbitration clauses, and by the end of 2010, the majority of credit card debt was not subject to such an agreement. Likewise, while the use of class waivers is widespread in arbitration clauses, most clauses lack the sort of unfair procedural terms for which arbitration is often criticized. The upshot of these and other findings is that consumers, in some respects, have more choice in their contracts than the literature suggests. Our work also responds to the suggestions of some scholars that businesses favor arbitration clauses in their consumer contracts but not their business-to-business agreements. On the contrary, our research suggests that the difference may not be as dramatic as previous research suggests. These results hold important implications for ongoing policy debates, including the proposed Arbitration Fairness Act pending in Congress as well as the work of the newly-minted and controversial Consumer Financial Protection Bureau (“CFPB”). Our findings suggest that the Arbitration Fairness Act may be based on faulty empirical premises and that the blanket prohibition contained in the Act may be overbroad. Our findings also provide a model that the CFPB might follow in conducting its statutorily-required study of the use of arbitration clauses in consumer financial services contracts.
