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Consumer Sales Remedies in US and EU Comparative Perspective (Paperback)
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Consumer Sales Remedies in US and EU Comparative Perspective (Paperback)
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This book is an in-depth study of the US and EU approaches towards
consumer sales remedies. It does not limit itself to a mere
comparison of the hierarchy of consumer sales remedies but covers
the topic comprehensively, also examining (extra)judicial
application of remedies and notification duties.Whereas EU rules
prescribe a very strict hierarchy of remedies that are often
misunderstood by consumers, and are very favourable towards the
remedy of specific performance (or performance in kind), in the US
a strong preference for damages can be found. This means that
consumers often do not know which remedy they are exactly entitled
to or how to invoke it in a correct manner.Learning from both
systems, Consumer Sales Remedies in US and EU Comparative
Perspective provides a valuable and insightful contribution to the
discussion of what the organisation of remedies should look like to
best protect consumers. It is written at a time when the EU is
considering a 'new' consumer sales Directive, and US scholars are
working on the restatement of consumer contract law. It proposes to
give consumers a free choice, limited by good faith and
proportionality only.
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