It has long been thought that fairness in European Consumer Law would be achieved by relying on information as a remedy and expecting the average consumer to keep businesses in check by voting with their feet. This monograph argues that the way consumer law operates today promises a lot but does not deliver enough. It struggles to avoid harm being caused to consumers and it struggles to repair the harm after the event. To achieve fairness, solutions need to be found elsewhere. Consumer Theories of Harm offers an alternative model to assess where and how consumer detriment may occur and solutions to prevent it. It shows that a more confident use of economic theory will allow practitioners to demonstrate how a poor standard of professional diligence lies at the heart of consumer harm. The book provides both theoretical and practical examples of how to combine existing law with economic theory to improve case outcomes. The book shows how public enforcers can move beyond the dominant transparency paradigm to an approach where firms have a positive duty to treat consumers fairly and shape their commercial offers in a way that prevents consumers from making mistakes. Over time, this 'fairness-by-design' approach will emerge as the only acceptable way to compete.

Debattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a 'charterparty bill of lading' - and can it be tendered under a letter of credit? When and why might a seller need to "switch" bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions - and many others like them - cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises - and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition.

This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, over indebtedness, and financial education. Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules.

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

La legislation alimentaire europeenne poursuit les objectifs de la protection de la sante des personnes et des interets des consommateurs. L'information des consommateurs joue un role important pour atteindre ces objectifs. Sur la base de l'information qui leur est fournie, les consommateurs operent un choix en connaissance de cause. Ils deviennent donc responsables de la protection de leur sante, ainsi que de leurs interets legitimes par la voie de la liberte du choix. La transparence est fondamentale pour l'accomplissement des objectifs generaux de la legislation alimentaire. Si la transparence n'est pas suffisante, les consommateurs sont amenes a choisir sur la base d'informations incompletes, ce qui empeche d'atteindre ces objectifs et, de plus, opere une responsabilisation des consommateurs. Le caractere suffisant de la transparence, afin d'accomplir les objectifs de la legislation alimentaire, fait l'objet d'une etude approfondie dans cet ouvrage compose de deux parties. La premiere partie est consacree a l'analyse de la transparence sur les denrees alimentaires, car elle permet notamment la protection des interets des consommateurs. La deuxieme partie porte sur la transparence concernant les risques alimentaires, qui rend possible la protection de la sante des consommateurs.

The United States is the world's largest producer, consumer, and exporter of remanufactured goods. Remanufacturing is an industrial process that restores end-of-life goods to original working ("like new") condition. Remanufacturing occurs across a diverse range of industry sectors in the United States, but is more common in sectors making capital-intensive, durable products that have relatively longer product life cycles. The sectors that account for the majority of remanufacturing activity in the U.S. include aerospace, consumer products, electrical apparatus, heavy-duty and off-road (HDOR) equipment, information technology (IT) products, locomotives, machinery, medical devices, motor vehicle parts, office furniture, restaurant equipment, and retreaded tires. This book provides an overview of remanufactured goods activities, sector studies and global markets.

Los consumidores son cada vez mas exigentes en relacion con sus alimentos. Para enfrentar esa situacion, un conjunto importante de normas ha sido adoptado durante las ultimas decadas. Estas conciernen a todos los actores involucrados en el sector. En la actualidad, dichas normas conforman una red amplia y compleja. En ese tejido sobresalen las disposiciones promulgadas por las instituciones europeas, cuya posicion relevante inspira directamente las reglas aplicables en los Paises Miembros de la Union Europea. Pero su aplicacion se extiende tambien fuera de Europa, a todos aquellos actores atraidos por el mercado europeo. De ahi la importancia de conocer estas normas y la necesidad de comprender su alcance y estructura. Para facilidad del lector, en este codigo se presentan las disposiciones siguiendo un orden sistematico. Los aspectos mas relevantes han sido tomados en cuenta: La seguridad, los aditivos, la informacion al consumidor, las declaraciones, las etiquetas, la biotecnologia, los alimentos especificos, entre otros. El codigo se realizo en el marco del Programa "Lascaux," programa europeo de investigacion sobre el Derecho Agroalimentario (http: //www.droit-aliments-terre.eu). La version original en frances de la presente obra, asi como su traduccion al ingles, han sido publicadas por la editorial Larcier bajo su sello "Bruylant." La presente edicion, encargada al Instituto de Investigacion en Derecho Alimentario (INIDA), se pone a la disposicion del publico hispanohablante europeo y americano.

This third edition of Consumer Law and Policy continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the State, and the growth of neo-liberalism. The book draws on interdisciplinary sources, assessing, for example, the increased influence of behavioral economics on consumer law. It analyzes the Europeanization of consumer law and the tensions between neo-liberalism and the social market, consumer protection, and consumer choice, in the establishment of the single market ground rules. The book assesses national, regional, and international responses to the world financial crisis, as reflected in the regulation of consumer credit markets. It also incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU, and international legal materials, including a case study of the development of fairness in consumer transactions.

This is a time of extraordinary change: technology is transforming interpersonal and business communication, including marketing and advertising to consumers. Products are evolving as a result of innovation. Even the way consumers are paying for goods and services is being revolutionised, as electronic payment systems serve up new and inventive ways to exchange money. Increasingly, people of all ages are using wireless phones and devices for communicating, for information gathering, and for entertainment- in all types of locations. And, as new wireless technologies are introduced, so too are new and expanded ways to get information and be entertained via your wireless phone or device. This book examines ways to adapt consumer protection strategies to ensure that all consumers, including the vulnerable, are equally well served. Applying existing policies and creating new ones is also looked at to address emerging challenges regarding new technologies and products that may be unfamiliar to consumers. This book also discusses how the ever-expanding number of marketing channels in the world-wide marketplace will be monitored for instances of deception of unfairness and finally, the collaboration with law enforcers from around the world will be examined to protect consumers in the global marketplace.

'Disruptive innovation', 'the fourth industrial revolution', 'one of the ten ideas that will change the world'; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law. This book explores the application - or indeed inadequacy - of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues. Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation would create unnecessary burdens and stifle innovation. Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.

This third edition of the only work to focus on damages under the CISG maintains its purpose as the primary reference source for this topic. Addressing global judicial and arbitral decisions, the book demonstrates the differences between uniform international instruments and domestic laws, and comparatively analyses the calculation of damages under civil and common law systems under the United Convention on Contracts for the International Sale of Goods (CISG). A new chapter on penalty clauses examines the impact of recent cases in England (Cavendish Square Holding BV V Makdesi) and Australia (Paccioco v Australia and New Zealand Banking Group Ltd) concerning the interpretation of penalty clauses and their relationship with the CISG. Further new material includes: an expanded discussion of the question of good faith; new approaches relating to attorneys' fees; consideration of states that have recently ratified the CISG; and an examination of the developments in the EU in relation to the attempt to introduce a new harmonised contract law.

China's food safety system is in crisis. Egregious scandals, as varied as the sale of liquor laced with Viagra and the distribution of fake eggs, reveal how regulatory practices have been stretched to their limit in the world's largest food production system. On Feeding the Masses focuses on the oft-cited but ultimately overlooked concept of scale to identify the root causes of China's regulatory failures in food safety. The 'politics of scale' framework highlights how regulators disagree on which level of government is best suited to regulate ('the scale of governance'), struggle to address multilevel tensions ('multidimensional scale integration'), and fail to understand how policies at one level of government can affect other levels of government in unexpected and costly ways ('scale externalities'). Drawing from over 200 interviews with food safety regulators and producers, the study provides one of the most comprehensive accounts of China's food safety crisis to date.