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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Consumer law
This book consists of contributions exploring from different
perspectives the 'images' of the consumer in EU law. The images of
the consumer form the foundation for various EU policies, more or
less directly oriented towards the goal of consumer protection. The
purpose of the volume is to establish what visions of the consumer
there are in different contexts of EU law, whether they are
consistent, and whether EU law's engagement with consumer-related
considerations is sincere or merely instrumental to the achievement
of other goals. The chapters discuss how consumers should be
protected in EU contract, competition, free movement and trade mark
law. They reflect on the limits of the consumer empowerment
rationale as the basis for EU consumer policy. The chapters look
also at the variety of concerns consumers might have, including the
cost of goods and services, access to credit, ethical questions of
consumption, the challenges of excessive choice and the possibility
to influence the content of regulatory measures, and explore the
significance of these issues for the EU's legislative and judicial
process.
When faced with tackling food-borne illness, regulators have a
number of competing goals. They must investigate in order to
discover the source of the illness. Once the source is identified
they must take action to prevent further cases of illness
occurring. Finally, once the illness is under control, they may
wish to take enforcement action against those responsible.
Regulating Food-Borne Illness uses interviews and documentary
analysis to examine the actions of regulators and considers how
they balance these three tasks. Central to the regulators' role is
the collection of information. Without information about the
source, control or enforcement action cannot be taken.
Investigation must therefore take place to produce the necessary
information. Utilising theoretical frameworks drawn from regulation
and biosecurity, Regulating Food-Borne Illness shows that control
is prioritised, and that investigatory steps are chosen in order to
ensure that the information necessary for control, rather than
enforcement, is collected. This has the effect of reducing the
possibility that enforcement action can be taken. The difficulty of
evidence gathering and case-building in food-borne illness cases is
exposed, and the author considers the methods aimed at reducing the
difficulty of bringing successful enforcement action.
Finding yourself in a lawuit by a junk debt buyer (debt collection
agency)? Glean from this book's inclusion of over 120 pages of
actual court documents that this Florida mom used to fight back and
ultimately win against one of the largest and oldest debt
collection agencies in the country Read step-by-step her thinking
and methods and an explanation of important terms. It even includes
mistakes she made so a reader may avoid making the same ones. This
book is not intended as legal advice. It is simply a true story.
Every case is different; every case is won by different methods.
However, by reading this book, one may very well grab ideas to help
them in their battle against a debt collection agency.
The book offers a theoretically justified and pragmatic concept of
the so-called 'lex mercatoria' contributing to the debate
concerning the existence of this law as an autonomous, a-national
and universal legal system established by trade practice.
This new work equips commercial arbitrators and counsel with a
formula to 'recognize' and apply a rule of the lex mercatoria in
practice. It argues that a rule of the lex mercatoria is
established if there is a majority congruent behaviour within the
business community followed out of fear of criticism and a
willingness to criticise others in case of deviation. This two
element test increases legal certainty and potentially reduces the
time and costs of proving the rule.
Case studies are included to illustrate the practical implications
of the analysis and more difficult issues such as burden of proof,
admissible evidence and the role of written harmonisation measures
are also considered. The approach adopted in the book reduces the
elusiveness of the concept and offers an analysis which makes the
lex mercatoria clearer for scholars and more attractive for
practitioners.
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