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Fairness in Consumer Contracts

Author: Chris Willett

Publisher: Routledge

Published: 2016-12-05

Total Pages: 465

ISBN-13: 1351937391

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

Author: Gardiner, Caterina

Publisher: Edward Elgar Publishing

Published: 2022-06-14

Total Pages: 240

ISBN-13: 1800886179

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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

Author: Chris Willett

Publisher: Blackstone Press

Published: 1996

Total Pages: 199

ISBN-13: 9781854316028

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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.

Battle of Standard Form Contracts

Author: Jong Goo Lee

Publisher:

Published: 2011

Total Pages: 440

ISBN-13:

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Information Rights and Obligations

Author: André Janssen

Publisher: Routledge

Published: 2017-03-02

Total Pages: 235

ISBN-13: 1351927582

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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.

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

Author: Jiangqiu Ge

Publisher: Springer

Published: 2019-02-07

Total Pages: 325

ISBN-13: 9811329893

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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.

A 'Fair Contracts' Approval Mechanism

Author: Samuel Becher

Publisher:

Published: 2009

Total Pages: 0

ISBN-13:

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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.

What Place for Fairness in Digital Content Contracts?

Author: Agustin Reyna

Publisher: Nomos Verlag

Published: 2020-10-29

Total Pages: 242

ISBN-13: 3748922175

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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.

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

Author: Philip N. Stoop

Publisher:

Published: 2016

Total Pages: 34

ISBN-13:

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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.

Practice Notes on Consumer Law

Author: Peter Walker

Publisher: Routledge

Published: 2013-03-04

Total Pages: 109

ISBN-13: 1135341761

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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.