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Consumer Theories of Harm - An Economic Approach to Consumer Law Enforcement and Policy Making (Hardcover)
Loot Price: R2,982
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Consumer Theories of Harm - An Economic Approach to Consumer Law Enforcement and Policy Making (Hardcover)
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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.
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