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Control of Price Related Terms in Standard Form Contracts (Hardcover, 1st ed. 2020)
Loot Price: R5,675
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Control of Price Related Terms in Standard Form Contracts (Hardcover, 1st ed. 2020)
Series: Ius Comparatum - Global Studies in Comparative Law, 36
Expected to ship within 12 - 19 working days
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This book explores various approaches around the world regarding
price term control, and particularly discusses the effectiveness of
two major paths: ex ante regulatory and ex post judicial
intervention. Price control and its limits are issues that affect
all liberal market economies, as well as more regulated markets.
For the past several years, courts in many different countries have
been confronted with the issue of whether, and to what extent, they
should intervene regarding price-related terms in standard form
contracts - especially in the area of consumer contracts. Open
price clauses, flat remunerations, price adjustment clauses,
clauses giving the seller/supplier the right to ask for additional
payments, bundling or partitioning practices, etc.: a variety of
price related terms are used to manipulate customers' choices,
often also by exploiting their behavioral biases. The result is an
unfavorable contract that is later challenged in court. However,
invalidating a given price term in standard forms e.g. of a banking
or utilities contract only has an inter partes effect, which means
that in thousands if not millions of similar contracts, the same
clauses continue to be used. Effective procedural rules are often
lacking. Therefore, pricing patterns that serve to hide rather than
to reveal the real cost of goods and services require special
attention on the part of regulators. The aim of this book is to
determine the various approaches in the world regarding price term
control, and particularly to discuss the efficiency of both paths,
ex ante regulatory and ex post judicial intervention. Thanks to its
broad comparative analysis, this book offers a thorough overview of
the methods employed in several countries. It gathers twenty-eight
contributions from national rapporteurs and one supra-national
rapporteur (EU) to the 2018 IACL Congress held in Fukuoka. These
are supplemented by a general report presented at the same IACL
Congress, which includes a comparative analysis of the national and
supranational reports. The national contributors hail from around
the globe, including Africa (1), Asia (5), Europe (17), the
European Union (1) and the Americas (5).
General
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