'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.

A book series devoted to the common foundations of the European legal systems, the Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University.This book contains an empirical study of the converging effects of the harmonisation policies used by the European lawmaker in consumer sales law. It aims to fill a gap in existing literature, by looking at what European consumer sales law harmonisation has achieved and by developing a methodology to measure the convergence it has led to. The work encompasses both a substantive comparison as well as a numerical approach.While in the former, five directives and their subsequent transposition in the national laws of Member States are analysed, the latter focuses on the creation of the Convergence Index as a measurement tool for the effects of the harmonisation process. The book will be useful to both academics as well as policy makers, as it aims to trigger further debate regarding benchmarking in European consumer law. Such debate will play a role in further academic research aimed at determining whether harmonisation does indeed strengthen the internal market.Catalina Goanta has conducted her doctoral research at the Maastricht European Private Law Institute (Maastricht University) under the supervision of Jan Smits and Caroline Cauffman, funded by the HiiL-UM Chair on the Internationalisation of Law.

The Treaty on the European Union for the first time provided an explicit legal basis for EU intervention and initiatives aimed at protecting consumer health and safety and promoting consumers' interests. EU Consumer Law charts the development of consumer protection law and policy in the context of legislation and case law, and provides a uniquely comprehensive analysis of all EU legislative measures affecting consumers. The book covers core areas in consumer protection such as product liability, labelling and consumer contracts, in addition to other areas of consumer interest such as pharmaceuticals, financial services and dangerous substances, insofar as they relate specifically to consumer issues. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf.

Law for Purchasing and Supply divides this complex area of the law into five logical parts: chapters introduce a topic area, explain the relevant law and give examples of how the law is applied in practice. This step-by-step approach enables the authors to maintain a comprehensive coverage of the subject, while ensuring it remains accessible. Law for Purchasing and Supply, 3rd edition, has been fully updated to take account of new legislation and case law, including the introduction of the Competition Act 1998 and recent judicial decisions which, together with incoming European legislation, affect basic rights under the Sale of Goods. The relationship between civil and criminal law in this area is examined and the implications of future developments are discussed.

How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

Over the last 25 years there has been a considerable increase in the awareness of quality related issues. In the world of business and commerce, this awareness has manifested itself in the development of what was the British Quality Standard BS 5750 into what is now the international standard BS EN ISO 9000. Alongside all of this, consumers in general have developed increasingly demanding expectations with regard to the quality of goods and services available in the market place. During a similar period there has also been an increase in legislation, together with an expansion of the common law, which has strengthened the protection already afforded to the consumer.
This book will provide quality practitioners, managers and those with a general interest in quality, with an insight into the legal issues involved. In addition, the book shows how the implementation of a Quality Assurance Management System - such as that required in order to be registered as a firm of assessed capability, in accordance with BS EN ISO 9000 - can act as an aid to businesses seeking to comply with their legal obligations.
In addition, for those following a formal course of study, the contents will prove to be particularly useful to students undertaking the Institute of Quality Assurance's Associate Membership examination: Principles and Techniques of Quality Assurance.

This text examines the role of the law in the protection of the consumer, in particular the ways in which the law is, and could be, used to protect consumers when purchasing financial services. A prominent panel of contributors first examines the role of the European Union and the ombudsmen schemes operating in the United Kingdom in improving consumer protection. Eight expert papers present a detailed analysis of aspects of the various legal mechanisms protecting consumers in the banking, financial services, investments and insurance industries. The final part of the book is concerned with the important and controversial area of consumer credit. Thi text should be of interest to those at the cutting edge of banking, financial services and consumer law, whether practicing lawyers or in-house counsel, and all those involved in advising consumers.

The Consumer Rights Act is a vital and far-reaching piece of legislation containing provisions specific to contract and consumer law, criminal law, and competition law. It sets out a much-needed framework to consolidate the key consumer rights surrounding contracts for goods, services, and digital content, as well as the law relating to unfair terms in consumer contracts. The Act introduces easier routes for consumers and SMEs to challenge anti-competitive behaviour through the Competition Appeal Tribunal, as well as confirming enforcers' powers to investigate potential breaches of consumer law. Ultimately, the Act gives civil courts and public enforcers greater flexibility to take the most appropriate action for consumers when dealing with breaches of consumer law. This Blackstone's Guide, written by a team of leading experts in the field, provides clear and concise coverage of the Consumer Rights Act's history, scope, and application. It is the complete resource for anyone looking for an introduction to this wide-ranging Act. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Consumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies. Taking a thematic approach, and yet highlighting issues in different national contexts, the Handbook explores issues which are common to all countries, such as social policy and effective business regulation, and relates consumer law to contemporary trends in human rights law. Features of this edition: consideration of the potential for new regulatory complexity as a result of Brexit? reflections on the growth of middle class consumption in Asia and Latin America and the impact that this will have on business reforms? coverage of increasing divergence between the regulatory models of both the EU and the US? focus on the challenges and opportunities that the digital age presents for consumer market regulation? analysis of the significant changes in consumer credit law and policy since the financial crash of 2008. This Handbook will provide researchers, students and policymakers with an insight to the main policy debates in differing national and sectoral contexts, and provide models of legal regulation which contribute to the evaluation and development of consumer laws and policy. Contributors include: I. Benoehr, O. Dixon, C. Hawes, D.R. Hensler, G. Howells, D. Kingsford Smith, A. MacCulloch, H.-W. Micklitz, J.P. Nehf, J. Niemi, L. Nottage, D.G. Owen, P. Quirk, S. Rachagan, I. Ramsay, J.A. Rothchild, P. Rott, R. Schulze, C. Scott, K. Tokeley, C. Twigg-Flesner, J. Watson, T. Wilhelmsson, C. Willett

This book discusses the law and practice of the European Union's new chemical regulatory programmes known under the acronym ''REACH'. REACH is intended to ensure the safe management of risks associated with chemical substances throughout the supply chain. Its scope is very broad; subject to limited exceptions, REACH applies to all bulk chemicals used in industrial processes and to chemicals present in products such as cleaning products, paints, clothing, furniture, and electrical appliances. The newly established European Chemicals Agency (ECHA), the Commission, and member state authorities are in charge of administering the various parts of the REACH Regulation, creating a complex patchwork of government powers, procedures, and oversight. The volume is written by experienced REACH practitioners. It addresses both the key legal regulatory issues associated with REACH and the key management and practical challenges. In addition to analysing the scope, the processes, and the obligations of the industry under REACH, the book covers the strategy and management of REACH compliance from the perspective of the regulated entities. The focus is on the strategic and practical decisions facing companies subject to REACH's various regimes. Significant attention is paid to REACH consortia, which are a key instrument in compliance management, and to the competition law issues arising in connection with REACH consortia. It also covers legal remedies, enforcement, intellectual property rights, and civil liability for damages arising from chemical substances as well as how companies can shape their REACH compliance programme to reduce their liability exposure.

From the early forms of loans to farmers up to present day credit cards, consumer credit has always been part of human life; however, ever since the Bible, controversy has reigned as to its legitimacy. It is the history of this controversy that is presented here. Outlining significant developments in different aspects of consumer credit from the Hammurabi Code through to current questions such as household overindebtedness, the authors shed historical light on modern debates.

The present book examines both theoretical and practical aspects of the law on indications of geographical origin (IGOs) within the framework of European Union (EU) law, pursuing four distinct yet mutually related aims. First, it discusses theoretical issues of the law on IGOs including its historical foundations, terminology, principles of regulation, legal subjectivity, protection models and loss of protection. Second, it covers the EU law on IGOs from a systematic point of view. Particularly, the systematic review of the EU law on IGOs includes an in-depth analysis of and commentary on the relevant andapplicable regulations. Third, it examines current legislative initiatives and further development options for the EU law on IGOs. Finally, it reveals the interrelation of the EU law on one hand and the national laws of EU Member States on the other with regard to IGOs, focusing on harmonized and non-harmonized areas of law."

This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected. The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international application and subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of more specialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for any practitioner facing unfamiliar questions in the area.

This book explores how concerns can be raised about the NHS, why raising concerns hasn't always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.

This work looks at the consequences of the development of information technology and the information society for consumers and for consumer law. While the new technological environment has been greeted with enthusiasm by many, citing the improvement in consumer choice, convenience, and the accessibility of information, there have also been calls to focus on the needs of those consumers who cannot easily gain access to the benefits associated with the new technology. This collection of papers examines developments in consumer protection legislation around the world in response to the technological advances, and focuses on issues such as electronic marketing, electronic commerce, financial services, product liability, intellectual property and rights of access to information. Issues such as how and to what extent the new environment should be regulated, as well as the impact of changes in the globalized information market, are also discussed. This volume arose from the 7th International Consumer Law Conference, held in Helsinki in 1999 under the auspices of the International Association for Consumer Law.

This incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection. Sarah Brown traces the development of the consumer credit relationship on both sides of the Atlantic, analysing the underlying rationale and policy themes that continue to inform the shaping of the regulatory agenda. The author compares the ways in which the consumer credit relationship is now managed, including supervisory frameworks and the roles of regulators, and provides new perspectives on current arguments in credit consumer protection. Important topical issues such as unfairness, over-indebtedness, predatory lending, vulnerability and questions of responsibility are addressed, before concluding with a recommendation for the best way forward based on a balance of interests. Researchers and students aiming to understand the processes and broader aspects of consumer credit regulation will find this book invaluable, particularly those with an interest in comparative analysis in this context. It will also prove useful to US and UK policy-makers considering future approaches and reform, as well as practitioners interested in frameworks of consumer credit protection.

From the McDonald's hot coffee case to the cattle ranchers' beef with Oprah Winfrey, from the old English ""Assize of Bread"" to current nutrition labeling laws, what we eat and how we eat are shaped as much by legal regulations as by personal taste. Barry M. Levenson, the curator of the world-famous (really!) Mount Horeb Mustard Museum and a self-proclaimed ""recovering lawyer,"" offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law. Discover how Mr. Peanut shaped the law of trademark infringement for the entire food industry. Consider the plight of the restaurant owner besmirched by a journalist's negative review. Find out how traditional Jewish laws of kashrut ran afoul of the First Amendment. Prison meals, butter vs. margarine, definitions of organic food, undercover ABC reporters at the Food Lion, the Massachusetts Supreme Court case that saved fish chowder, even recipes - it's all in here, so tuck in!

The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art research on this increasingly prominent institution. Traditionally, research on the ombudsman has been conducted from a purely prescriptive or (legal) descriptive perspective, mainly focusing on the ombudsman 'in the books'. By contrast, this book illustrates how empirical research may contribute to a better understanding of the ombudsman 'in action'. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman's work. The Research Handbook is organized in to four parts: fundamentals of the ombudsman; the evolution of the ombudsman; evaluation of the ombudsman; and the ombudsman office and profession. Featuring case studies from Europe, Canada, Asia, Africa, Latin America and Australia, chapters provide a comprehensive global perspective on the issues at hand. This unique Research Handbook will be of great value to researchers in the fields of public law, socio-legal studies and alternative dispute resolution who have an interest in the ombudsman. It will also be a valuable resource for policymakers and practitioners, particularly those working within ombudsman offices. Contributors include: V. Ayeni, C.A. Barco, A. Bedner, R. Behrens, V. Bondy, B. Bradford, A. Brenninkmeijer, S. Carl, J. Chan, N. Creutzfeldt, J. Dahlvik, M. de Langen, M. Doyle, L. Diez, C. Gill, E. Govers, M. Groves, C. Harlow, M. Hertogh, C. Hodges, B. Hubeau, R. Kirkham, M. Lezertua, J. McMillan, N. O'Brien, A. Pohn-Weidinger, L.C. Reif, M. Remac, A. Stumckhe, P. Tyndall, B. Tai, Y. van der Vlugt, E. van Gelder, R. van Zutphen, V. Wong

The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Department of Trade and Industry has been conducting a major revision of consumer credit law over the past few years. Its proposals on substantial changes to existing law were contained in its White Paper published in December 2003: Fair, Clear and Competitive - The Consumer Credit Market in the 21st Century. Since then, this programme has been implemented by a series of new statutory instruments and a major new Consumer Credit Act which runs to 70 sections and revolutionises the present law and practice of consumer credit. The new Act principally amends the Consumer Credit Act 1974, which is the statute governing the licensing of, and other controls on, traders concerned with the provision of credit or the supply of goods on hire or hire-purchase to individuals. Significant changes brought in by the new Act include the following; * The re-definition of "consumers" whose agreements are to be regulated by the Act and financial ceilings on consumer credit and hire agreements removed * The consequences of trading without a license are to be made more severe and the whole process of licensing to be modernised * Consumer credit is to be brought within the remit of the Financial Ombudsman This Guide covers all of these new provisions, together with the growing importance of the internet and electronic technology to this area of the law, whilst also placing the new Act in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require.

'Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages. It will doubtless become a first point of reference for academics and practitioners alike.' Martin J Doris, Edinburgh Law Review The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. The book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach. Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of, and solutions to, some of the most challenging problems surrounding contract damages.

Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies.The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.

Consulting Editor: Shalom Lerner. This volume contains the text of the papers and principal commentaries delivered at the 8th Biennial Conference of the IACCL held at Bar Ilan University in August 1996. The papers include original and practical papers on banking law, secured financing, securities regulation, the international sale of goods, competition law, electronic fund transfers, transnational commercial law, commercial law in Central and Eastern Europe, international demand guarantees, the UNIDROIT principles of international commercial law, company charges, consumer bankruptcies, European consumer rights, products liability, and international commercial arbitration. Contributors: James E. Byrne, R.C.C. Cuming, S.K. Date-Bah, Louis F. del Duca and Patrick del Duca, Anthony J. Duggan, Raul Etcheverry, Benjamin Geva, Roy Goode, Laureano F. Gutierrez-Falla, Attila Harmathy, Rafael Illescas-Ortiz, Donald B. King, Shalom Lerner, Ricardo Sandoval Lopez, Patrick Osode, Uriel Procaccia, Arcelia Quintana-Adriano, Jerzy Rajski, Arie Reich, Norbert Reich, Harry C. Sigman, Catherine Walsh, Jacob S. Ziegel.

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

Key Facts has been specifically written for students studying Law. It is the essential revision tool for a broad range of law courses from A Level to degree level. Consumer Law is also relevant to courses for Trading Standards Officers and many Business Studies courses. The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible. Chapters include: The character of consumer contracts / Consumer protection in contract law / Contracts for sale of goods / Unsolicited goods / Distance selling / Contracts to provide services / Protection under the law of tort / Exemption clauses & unfair terms in consumer contracts / The Consumer Protection Act 1987 / Criminal Law as a means of consumer protection / Consumer finance / Trade Descriptions Act 1968 / Misleading proce indications / Regulating advertising / Insurance / Holidays / Food.