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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Consumer law
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New Frontiers of Consumer Protection - The Interplay Between Private and Public Enforcement (Paperback)
Loot Price: R2,542
Discovery Miles 25 420
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New Frontiers of Consumer Protection - The Interplay Between Private and Public Enforcement (Paperback)
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Collective redress has gained momentum in Europe and North America.
Legal reforms are driven by different institutional conditions but
show a limited degree of convergence. In this book, seventeen
contributions from the US, Canada, and the Member States of the
European Union put the interplay of public enforcement and private
collective judicial enforcement into perspective. The parameters of
analysis are the constitutional dimension (i.e. three multi-level
systems compared US, EC, and Canada, vertically: allocation of
powers between levels and distinction between regulation and
private law and administrative control versus judicial control;
horizontally: degree of harmonization, trans-border litigation,
choice of law), the institutional dimension (the players,
regulatory and judges, private organization and lawyers) and the
substantive dimension (regulation through administrative law versus
regulation through tort or contract law, standard setting (strict
liability versus negligence), remedies (injunctions and damages).
These three parameters are then broken down into five sections:
general comparison, the public/private enforcement divide, remedies
concerning the distinction between injunction and damages as well
as between class actions and group actions, negotiation and
adjudication, trans-border litigation and international private
law. The final chapter develops prospects to indicate the way
ahead.
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