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.
Download or read book Seduction by Contract written by Oren Bar-Gill and published by Oxford University Press. This book was released on 2012-08-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seduction by Contract explains how consumer contracts emerge from market forces and consumer psychology. Consumers' predictable mistakes - they are short-sighted, optimistic, and imperfectly rational - compel sellers to compete by hiding the true costs of products in complex, misleading contracts. Only better law can overcome the market's failure.
Download or read book American Law Institute written by and published by . This book was released on 1935 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Seduction by Contract written by Oren Bar-Gill and published by OUP Oxford. This book was released on 2012-08-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumers routinely enter into long-term contracts with providers of goods and services - from credit cards, mortgages, cell phones, insurance, TV, and internet services to household appliances, theatre and sports events, health clubs, magazine subscriptions, transportation, and more. Across these consumer markets certain design features of contracts are recurrent, and puzzling. Why do sellers design contracts to provide short-term benefits and impose long-term costs? Why are low introductory prices so common? Why are the contracts themselves so complex, with numerous fees and interest rates, tariffs and penalties? Seduction by Contract explains how consumer contracts emerge from the interaction between market forces and consumer psychology. Consumers are short-sighted and optimistic, so sellers compete to offer short-term benefits, while imposing long-term costs. Consumers are imperfectly rational, so sellers hide the true costs of products and services in complex contracts. Consumers are seduced by contracts that increase perceived benefits, without actually providing more benefits, and decrease perceived costs, without actually reducing the costs that consumers ultimately bear. Competition does not help this behavioural market failure. It may even exacerbate it. Sellers, operating in a competitive market, have no choice but to align contract design with the psychology of consumers. A high-road seller who offers what she knows to be the best contract will lose business to the low-road seller who offers what the consumer mistakenly believes to be the best contract. Put bluntly, competition forces sellers to exploit the biases and misperceptions of their customers. Seduction by Contract argues that better legal policy can help consumers and enhance market efficiency. Disclosure mandates provide a promising avenue for regulatory intervention. Simple, aggregate disclosures can help consumers make better choices. Comprehensive disclosures can facilitate the work of intermediaries, enabling them to better advise consumers. Effective disclosure would expose the seductive nature of consumer contracts and, as a result, reduce sellers' incentives to write inefficient contracts. Developing its explanation through a general framework and detailed case studies of three major consumer markets (credit cards, mortgages, and cell phones), Seduction by Contract is an accessible introduction to the law and economics of consumer contracts, and a powerful critique of current regulatory policy.
Download or read book Complying with the telemarketing sales rule written by and published by . This book was released on 2004 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross border Consumer Contracts written by Jonathan Hill and published by Oxford Private International L. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements. Technological changes (in terms of international travel, means of communication and information technology)have meant that it is a more frequent occurrence for consumer contracts to involve a cross-border dimension.This book explores the legal regimes which seek to deal with disputes which arise out of such cross-border consumer contracts. In terms of private international law, English law traditionally treated consumer contracts no differently from commercial contracts. However, at European level,jurisdictional and choice of law issues arising out of certain consumer contracts are subject to specific rules. The first part of the book focuses on these European developments and seeks to explain why the private litigation model for the resolution of disputes arising out of cross-borderconsumer contracts has failed to deal adequately with the problems generated by such contracts. Subsequent to these failures, alternative mechanisms for resolving contractual disputes have a particular significance in the consumer context. The second part of the book focuses on an evaluation ofthese alternative dispute resolution mechanisms, including online dispute resolution.
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.
Download or read book Electronic Consumer Contracts in the Conflict of Laws written by Zheng Sophia Tang and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.
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.
Download or read book Comparative Consumer Sales Law written by Geraint Howells and published by Routledge. This book was released on 2017-12-06 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.
Download or read book Wrap Contracts written by Nancy S. Kim and published by Oxford University Press. This book was released on 2013-09-09 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.
Download or read book Research Handbook on EU Consumer and Contract Law written by Christian Twigg-Flesner and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll
Download or read book Consumer Contract Legislation written by Geraint G. Howells and published by Gaunt. This book was released on 1995-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer contract law is changing at a frightening pace. 1994 was a significant year for the development of consumer sales legislation, and saw the enactment of four major pieces of legislation: The Sale and Supply of Goods Act 1994; The Unfair Terms in Consumer Contracts Regulations 1994; The General Product Safety Regulations 1994; and The Sale of Goods (Amendment) Act 1994.
Download or read book Consumer Law written by John A. Spanogle and published by West Academic Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on Consumer Law (4th ed.) retains its comprehensive coverage and has been completely updated to reflect new developments in the dynamic field of consumer law, including: Internet marketing, ad substantiation, celebrity and other testimonials Consumer credit regulation, and the new Consumer Financial Protection Bureau Consumer privacy, online marketing and tracking Emerging payment systems - e.g., credit, debit and stored value cards Remedies -latest U.S. Supreme Court developments on consumer arbitration Predatory lending ("capstone" chapter), the legal fallout from the subprime mortgage foreclosure crisis This text contains a balance of cases, problems that reflect modern situations, and notes with discussion questions and references to the latest consumer protection scholarship. A new statutory supplement, entitled Selected Consumer Statutes, is available, also.
Download or read book Credit Consumers and the Law written by Karen Fairweather and published by Taylor & Francis. This book was released on 2016-10-14 with total page 287 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.
Download or read book A Businessperson s Guide to Federal Warranty Law written by and published by . This book was released on 1987 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Electronic Commerce and International Private Law written by Lorna E. Gillies and published by Routledge. This book was released on 2016-04-29 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.
