This thorough and detailed Research Handbook explores the complexity of the governance of sales contracts in the modern world. It considers what is, and what ought to be, the role of traditional sales law in light of the growing diversity of commercial, trade and transactional contexts in which such contracts are made and performed. Offering an international and comparative perspective, leading experts in the field examine many topical aspects of sales law and practice. These include digital technologies, long-term contracts, global supply chains and trade in commodities. Chapters also investigate the diversity of sources that govern sales contracts today, particularly those sources that emanate from the industry and commercial players, such as standard form contracts, rules of trade associations, trade usages and trade terms. Through this critical and highly analytical examination, this Research Handbook ultimately demonstrates that the sources of governance found within the industrial sector are as important as traditional sales law, if not more so, in terms of their role in governing sales contracts in contemporary society. This timely and engaging Research Handbook will prove an essential read for students, scholars and legal practitioners with an interest in international commercial sales and contract law. Practitioners working in international trade across industry and the commercial sector will also benefit from its practical approach. Contributors include: R. Aikens, M. Bridge, F. Cafaggi, J. Coetzee, C.P. Gillette, M. Goldby, S. Green, M. Hammerson, C. Hare, E. Richardson, D. Saidov, M. Schillig, U.G. Schroeter, L. Spagnolo, A. Tettenborn, P. Wallace

'Consumer law has truly matured as an object of scholarly inquiry in recent years, in particular (but not only) through the embrace of sophisticated insights into real-life consumer behaviour as a basis for regulatory design. This book brings together writers who have been and remain at the forefront of intellectual inquiry, and it permits them to enrich thinking about patterns and styles of research into consumer law.' - Stephen Weatherill, University of Oxford, UK European consumer law seeks to ensure that consumers receive sufficient information about goods and services, are not subject to unfair contract clauses or unfair commercial practices, and have the means to redress grievances. This Handbook specifically considers the impacts of different disciplines and methods as it presents the state of the art in consumer law research and in particular offers intriguing new insights from behavioural science. Research Methods in Consumer Law shows how different lenses help to highlight under-researched areas of consumer law and engage with current debates in order to suggest pertinent legal reforms. Rules meant to protect consumers are often premised on the fact that small print is read, understood and acted upon. Acknowledging that this is rarely the case, the expert contributors offer new perspectives, informed by the study of how real people behave and paying careful attention to methodology. Offering the tools to engage in promising and socially useful legal research, this Handbook will appeal to students and scholars across the fields of law and behavioural science, as it offers a fresh look at the relation between EU consumer law and other disciplines oriented to solving practical problems. Contributors include: M. Artigot Golobardes, F. Esposito, S. Frerichs, F. Gomez Pomar, P. Hacker, G. Helleringer, J. Luzak, M. Malecka, H.-W. Micklitz, F. Moeslein, M. Nagatsu, K.P. Purnhagen, G. Ruhl, A.-L. Sibony, J. Trzaskowski, F. Weber

It is hard to believe that there was a time, not long ago, when there was no right to obtain government information, no protection against hazards in children's toys and other consumer products, no federal safety standards for motor vehicles, and no insurance to protect an investors' money and securities in brokerage accounts. These and other consumer rights were created only after fierce political battles in the decade between 1966 and 1976. People's Warrior is the untold story of that era and one of its towering leaders, Congressman John Moss. Based on previously undisclosed materials and interviews with key players of the time People's Warrior tells the story of a stormy decade in America, one in which key laws, such as the Freedom of Information Act and the Consumer Product Safety Act were enacted by Congress, despite overwhelming political opposition. It is also the improbable story of one man's life and determination. Moss fought for twelve years, against three presidents and at times his own party, for a freedom of information law that has stood the test of time and been copied around the world. Although at first stymied by special interests, he won sweeping consumer protection reforms. He went on to challenge Wall Street in an intense battle to enact major new investor protection laws. What happened to Moss and his progressive agenda in later decades, and what the future may bring for that agenda, make up the final part of this compelling story of a man and an era.

Online auctions have undergone many transformations and continue to attract millions of customers worldwide. However these popular platforms remain understudied by legal scholars and misunderstood by legislators. This book explores the legal classification of online auction sites across a range of countries in Europe. Including empirical studies conducted on 28 online auction websites in the UK, the research focusses on the protection of consumers' economic rights and highlights the shortcomings that the law struggles to control. With examinations into important developments, including the Consumer Rights Directive and the latest case law from the CJEU on the liability of intermediaries, Riefa anticipates changes in the law, and points out further changes that are needed to create a safe legal environment for consumers, whilst preserving the varied business model adopted by online auction sites. The study provides insights into how technical measures as well as a tighter legislative framework or enforcement pattern could provide consumers with better protection, in turn reinforcing trust, and ultimately benefiting the online auction platforms themselves.

The landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach. Taking as a starting-point the observation that mass litigation claims are a 'AEonuisance'AEo for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend. Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.

Consumer credit information systems are the tools used by the majority of lenders to manage credit risk, with lenders accessing credit reference databases managed by third party providers to evaluate a consumer's credit application. So far, the subject of consumer credit reporting has been left to the predominant attention of the economic and business management scholarship and little or no consideration has been paid by lawyers. This book aims to rectify this by examining the legal framework and compliance in the European Community (EC) of such consumer information sharing arrangements which have become increasingly integrated in the credit granting practices of the Member States. The book looks at the laws which surround and affect consumer credit reporting, including bank secrecy obligations. Consumer credit reporting and its relationship to human rights is also explored, as every individual is in the EC is entitled to informational privacy. The book asks questions such as to what extent should the privacy of consumers be balanced against the aims and functions of consumer credit reporting, and how do the financial information sharing arrangements comply with the positive law, particularly the European data protection legislation?

This collection of essays is dedicated to Brian Harvey,the retired Professor of Property Law at the University of Birmingham. The contributions reflect his eclectic interests and bring new insights to issues of property law, both real and personal, consumer protection, auction sales and tax. Historical, human rights, public law, European Community and international aspects are addressed in addition to persistent domestic conveyancing concerns. Contributors: Peter Cook, David Feldman, Jonathan Harris, Tim Kaye, Jeremy McBride, Frank Meisel, Norman Palmer, Deborah Parry, David Salter, Carla Shapreau, John Stevens, Mark Thompson, Nick Wikeley and John Wylie.

European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU - 'access to justice 2.0'.

This book examines the European Community legislation that regulates the safety of consumer products. Hodges surveys the extent to which this legislation aims to and succeeds in achieving safety for a wide range of products. There are different legal requirements for medicines, machines, electronics, toys and so on, which employ different regulatory mechanisms, including pre-marketing assessment, provision of information, control of the manufacturing environment, post-marketing obligations on producers and authorities, and obligations on distributors and users. Hodges compares the various mechanisms relating to medicinal products, products covered by 'New Approach' Directives, cosmetics, biocides, tobacco products, and consumer products covered by the General Product Safety Directive, and asks why particular mechanisms are used, or not used for different products. The book then moves on to consider what is meant by product 'safety', demonstrating the relativity of this concept. Hodges highlights an important problem: that consumers, the media, and experts can all have differing ideas on the level of safety that is relevant and acceptable. Hodges contends that the systems are in need of review, to ensure they work effectively and give value for money. In some cases, there is an need for more or less control. He argues for more systematic collection of safety data, and for consistecy in surveillance and enforcement mechanisms across Europe, pointing towards the need for a European Product Safety Agency.

The Yearbook of Consumer Law provides a valuable outlet for high quality scholarly work which tracks developments in the consumer law field with a domestic, regional and international dimension. The 2009 volume presents a range of peer-reviewed scholarly articles, analytical in approach and focusing on specific areas of consumer law such as credit, consumer redress and the impact of the European Union on consumer law. The book also includes a section dedicated to significant developments during the period covered, such as key legislative developments and important court decisions. It is an essential resource for all academics and practitioners working in the areas of consumer law and policy.

Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.

Breaking Law, a judge's inside guide to everything you need to know about your legal rights is back: bigger, better and bang up to date. Written by Stephen Gold, a civil and family judge, legal broadcaster and journalist, this self-help best-seller has been significantly expanded with over 25 new chapters added to make this a 77 chapter bumper second edition covering even more of the legal problems we may all encounter at some time in our lives. So whoever you are - litigant in person, consumer or business owner and you can even be a professional lawyer or legal trainee to derive benefit from the book - you will find entertaining and enormously practical advice, written in straightforward language, direct from the judge's pen to help you succeed in your dispute - or at least lose well. Been overcharged at a supermarket? Overlooked in a relative's will? Sold duff goods? Sued for repossession by mortgage lender or landlord? Threatened by being left penniless after a divorce? You can find help here. But now in this second edition, you will also be armed to challenge that parking ticket, cope with a speeding or drink-drive prosecution, get your money back on a Covid cancelled holiday, resist excessive service charges from your landlord and much, much more. And Breaking Law Iooks like being the first book available to cover the new no-fault divorce laws that are due to come into force in April 2022. But Stephen does much more than explain rights. He takes you through how to behave in court (including how to cross-examine) whether it's a face-to-face or remote hearing. And the book is full of templates: letters to help you win without a court case; documents you can use if the dispute goes to court; and documents such as the change your name deed, the cohabitation agreement, the pre-nuptial agreement, the anti-gazumping agreement, the no-sex agreement and the longest will in the world from which you can chose who inherits and who doesn't. Throughout, Stephen's advice is illuminated by tales of how his own disputes with a myriad of businesses have gone. No disputes with the twins Ron and Reg Kray, though. He was their lawyer and there's a fascinating account of his professional relationship with them and his discovery of what became of Ron's brain. If you do think you need a lawyer, Stephen provides plenty of ideas of how to get legal advice before handing over any money along with how to source professional help in and out of courts and tribunals for those who cannot afford legal fees (and who can?!). From the moment you get out of bed, you could suddenly find yourself needing this book. So don't wait till the worst happens, get a copy and keep it handy like thousands of others have done over the last five years.

This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.

This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit, specifically payday lending. These products have received significant attention in both the media and political arena. The inadequacy of regulatory interventions has created ongoing problems with the provision of high-cost credit, particularly for consumers with lesser bargaining power and who are already financially vulnerable. The book tackles two specific gaps in the existing literature. The first involves inadequate analysis of the relevant philosophical concepts around high-cost credit, which can result in an over-simplification of what are particularly complex issues. The second is a lack of engagement in both the market and lived experience of borrowers, resulting in limited understanding of those who use these financial products. The Future of High-Cost Credit explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature. The problems with debt extend far beyond the legal sphere, and the book will therefore be of interest to many other academic disciplines, as well as for those working in public policy and 'the third sector'.

This fully revised and updated second edition of Consumer Protection Law introduces the reader to the substantive law of consumer protection in the United Kingdom, the emphasis being on the place of United Kingdom law within an evolving European legal system and also on the need to draw upon comparative experience. The book not only seeks to place consumer protection in its purely black-letter context but also draws upon wider readings to show that consumer protection law is a complex area of law which reflects and shapes the individual citizen's position within the modern economy.

This book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the 'shopping' activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a 'safe' shopping environment to the e-consumer.

In the wake of environmental disasters such as the mercury poisonings in Minamata in the 1950s, a culturalist view of Japan as being in the thrall of weak legal consciousness and consumerism has persisted. This volume contests that view by reassessing Japanese product liability law and practice in a global context, comparing it with law in the European Union, United States and Australia.
The still-birth of product liability in the 1970s is contrasted with its rebirth in the late 1980s, and its pervasive impact throughout the 1990s is gauged at various levels, concluding that new processes are emerging in Japan, as in other complex industrialized democracies, which render product safety regulation more private and product liability more public.

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.

The Legal Status of Intersex Persons provides a basis for discussion regarding all legal aspects concerning persons born with sex characteristics that do not belong strictly to male or female categories, or that belong to both at the same time. It contains contributions from medical, psychological and theological perspectives, as well as national legal perspectives from Germany, Australia, India, the Netherlands, Columbia, Sweden, France and the USA. It explores international human rights aspects of intersex legal recognition and also features chapters on private international law and legal history.The book is a timely one. Until very recently, the legal gender of a person both at birth and later in life in virtually all jurisdictions had to be recorded as either male or female; the laws simply did not allow any other option, and, in many cases, changing the recorded gender was difficult or impossible. However, there are many cases where this gender binary is unable to capture the reality of a persons physical presentation and/or perception of self. Consequently, this gender binary is increasingly being challenged and several jurisdictions have begun to reform their gender status laws.For example, in 2013 Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female for all intents and purposes. However, this legislation has proved problematic in many ways and rightly was subject to pertinent criticism. In 2017 the German Constitutional Court then held that these rules were in violation of the German constitution as they only allowed a non-recognition, as opposed to a positive recognition of a gender other than male or female, and mandated law reform. Similarly, the Austria Constitutional Court held in June 2018 that current civil status laws had to be interpreted to allow registration of alternative gender identities. Therefore, two European jurisdictions will now have legal gender recognition beyond the binary.This book looks at law reform taking place around the world, with diverse perspectives from relevant fields, to provide the reader with a comprehensive analysis of the legal status of intersex persons and related issues.

The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection.According to the 'active consumer court' doctrine, developed in the case-law of the CJEU, national courts are required to raise, of their own motion, mandatory rules of EU consumer contract law, notably those protecting consumers from the use of unfair terms. This results in the strengthening of procedural consumer protection standards in ordinary proceedings but also in payment order proceedings, consumer insolvency proceedings or repossession proceedings directed against the primary family residence of the mortgage debtor.The considerations of contractual imbalance will now have to be taken into account in court proceedings leading, where necessary, to the reform of national procedural safeguards to protect the weaker contractual party.

The importance of services in the EU economy has increased exponentially in the last decades as have the number and scope of EU rules, both those liberalising the provision of services and those protecting their recipients or consumers - the passengers, patients, viewers and bank depositors. However, these consumers, in their capacity as citizens, are increasingly disillusioned with the EU and its institutions. This book, written by practitioners, academics and advocates before the European Court, reflects on these developments, examining rules in numerous service sectors, from the capping of roaming call charges upheld in the Vodafone decision, through health care, to the requirement for air carriers to care for and compensate passengers approved in the generous Sturgeon judgment. The Court's positive approach may have been guided by a desire to consolidate the notion of EU citizenship, a status introduced, but without clear content, at Maastricht. The book therefore considers whether these uniform, EU-wide, consumer rights may not form an important component of such European citizenship. The Commission's proposal to make 2013 European Year of Citizens seems to favour such a view.

EU consumer law is the core of European civil law. In recent years, in particular between the first edition of 2009 and this second edition, it has been subject to spectacular decisions by the Court of Justice of the European Union, with significant consequences for Member States' law. This revised and thoroughly updated new edition follows and analyses this process in such important areas as unfair commercial practices, unfair terms, cross-border consumer protection, and product liability. There has been legislation in the area of consumer rights in distance and off-premise contracts, and very recently consumer ADR and ODR. Other projects are still in the pipeline, e.g. mortgage credit; another is subject to heated controversy, namely the proposed optional Common European Sales Law with an important part on consumer law. Even more importantly, the very concept of consumer and consumer protection has been subject to intense debate. Does EU law limit itself to the 'informed consumer standard', or should the 'weaker' or even the 'vulnerable consumer standard' be given more attention? The original team of authors Hans W.- Micklitz, Norbert Reich and Peter Rott have been strengthened by the addition of Klaus Tonner. They have worked together to take a broad horizontal approach to the EU consumer law acquis, thereby reflecting on the history, achievements, recent trends and also shortcomings of EU law in this important field of law. The change from 'minimum' to 'full' or 'targeted harmonisation' is critically analysed, and the central role of the CJEU documented and emphasised.'This book, distilling insight from a much longer volume originally in German, offers a clear and authoritative survey of EU law developments.'Luke Nottage in Australian Journal of Competition and Consumer Law (2016)About the first edition of this book:'[...] a publication of which the importance is high, also for the development of law in general'In Nederlands Tijdschrift voor Burgerlijk Recht 5 (2009) 194'[...] stimulating, challenging and well-researched.'Angus Johnston in Common Market Law Review (2010) 956'[...] the book provides a concise and up-to-date overview of European Consumer Law.'Jan Schurnbrand in RabelsZ 74 (2010) 891'[...] certainly an important accomplishment.'Marco B.M. Loos in 2011 ZEuP 447

This research review discusses a compilation of path-breaking and well-cited literature as well as otherwise original contributions to the international debate on consumer protection. It focuses in particular on the role and policy of consumer law as well as on the approaches and methods of research in this domain. Key papers regarding the various instruments and issues surrounding consumer law are explored. The picture that emerges from this title is an area of law that is profoundly international and multidisciplinary, this piece of literature extends on this and ties together the featured papers. This review will be a useful tool for consumer law researchers and valuable to those engaged by this popular practice area.

This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.