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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Consumer law
This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number - over forty - of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as 'normal' market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law. Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? This Book defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.
This book provides a broad conspectus on the application of EU and international regulation of the food sector on English law. It is aimed at practitioners and students of this vital and emerging branch of law, which has become an important part of current political and legal debate. It is written not just for lawyers as a statement of current law, but is also aimed at all those involved or interested in the food industry who wish to familiarise themselves with how the law is applied practically in this jurisdiction. The book commences with a short conceptual framework for the study of food law. It then provides a comprehensive and up-to-date account of current English law, explaining fully the detailed processes by which both international and national law and EU decision making have impacted upon most aspects of the production, sale and consumption of food in England. The book explains and assesses the operation of the current law by describing in detail the roles of Government, the Food Standards Agency and local enforcement authorities in the making and enforcing of laws concerning food. The work contains full outlines of the developments in the most significant areas of food law. It concentrates specifically on topics such as food labelling and advertising, quality and compositional requirements, geographical food names, genetic modification, organic production, animal welfare and also the role of law in tackling poor health, obesity, and diet-related disease. The book, though primarily designed as a law text, goes beyond the usual confines of such works. It sets out to explain and describe the impact of successive food crises, such as BSE and the use of horsemeat in beef products, on food safety and transparency requirements. The book considers and assesses how the existing rules on the chemical and biological safety of food impact on our law, and concludes with a review of the developing legal issues concerning the environmental impacts of current and proposed food law, in particular the relationship between food law, climate change and food security.
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.
Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act deals with investor protection and securities regulation. Parts of Title IX address aspects of the securities markets that are commonly viewed as directly involved in the financial crisis, such as credit ratings and securitisation. In particular, the Madoff and Standard Ponzi schemes, discovered in late 2008 and early 2009, raised questions about the quality of regulation by the Securities and Exchange Commission (SEC). As a result, numerous provisions in Title IX address the SEC's performance and resources. This book provides brief summaries of selected provisions in Title IX and attempts to include these provisions that create new SEC authority, that were controversial during the legislative process and appear to have far-reaching consequences for the regulation of securities markets.
This book focuses on the enactment of rights to obtain government information and on the unreported and unprecedented life and times of John Moss, one of the towering leaders of the decade. These guarantees, from the government to its citizens, are embodied in the Freedom of Information Act, the Consumer Product Safety Act, the Federal Trade Commission Improvements Act, and the Securities Investor Protection Act, among other laws. They are the product of John Moss's tenacious, uphill struggle against overwhelming odds.
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.
Contracts for the Sale of Goods delivers detailed analysis and in-depth comparison of the substantive law for the sale of goods in domestic and international transactions. It provides comparative analysis of three major sources of sales law: The United Nations Convention on Contracts for the Sale of Goods, the UNIDROIT Principles of International Commercial Contracts (PICC), and the Sales of the Uniform Commercial Code. Practitioners, academics, and anyone involved in the sale or purchase of goods in the international market will need this thorough analysis of both the text of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the cases that have addressed and interpreted the CISG. The new edition examines the number of American cases on the CISG decided since the last edition, and the several hundred major non-American CISG cases, concentrating on the development of specific points of law that have become important and contentious areas. It continues to provide a complete discussion of the PICC including the latest provisions on set-off, assignment, and limitation periods, and timely coverage of the new supplementary model clauses for use with the Principles. This is the only text that compares and analyses the PICC, the CISG and the Uniform Commercial Code in a detailed way. It explores instances when one may be more applicable than the other, and enables further understanding of all three instruments and the options available under international and domestic US law.
'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 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.
Sale of goods transactions are central to commercial life. This book provides an essential up-to-date and clear account of the law as it stands today, giving you the confidence to offer the best possible resolution for your clients. Written by a team of specialists drawn from both the academic world and professional practice, Sale of Goods provides a clear and accurate account of the law relating to the sale of goods. It provides complete analysis of the Sales of Goods Act 1979, together with amendments made to the Act in 1994 and 1995 - ensuring that your understanding is current and complete.
The second edition of this seminal text provides an authoritative 'article-by-article' commentary on the CISG. Moreover, it goes further than existing literature by taking account of those various legal settings in which the CISG operates. Strictly following the structure of the Convention itself, it examines specific topics such as E-Commerce and the CISG and comparative texts such as Unidroit Principles of International Commercial Contracts and the European Principles of Contract Law. The Incoterms are also dealt with in detail. With a truly global and stellar line up of contributors, this is an invaluable tool for all lawyers practising in the field. |
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