Consumer redress for misleading and aggressive practices

Consumer redress for misleading and aggressive practices

Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2011-04-12

Total Pages: 278

ISBN-13: 9780118405102

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The Consumer Protection from Unfair Trading Regulations 2008 (the Regulations) prohibit misleading and aggressive trade practices. The Regulations implemented a European directive, replacing 23 previous UK consumer protection measures, including most of the Trade Descriptions Act 1968. They are enforced mainly by the Office of Fair Trading and by trading standards services. Under current law, consumers do not have a right to compensation if a trader breaches the Regulations. Instead consumers must rely on a variety of private causes of action: some statutory, some based on case law. These are complex, confusing and patchy. This Consultation Paper aims to: (1) simplify redress for misleading commercial practices; (2) simplify redress for aggressive commercial practices; and (3) fill gaps in protection, where a consumer is unable to gain redress for serious breaches of the Regulations.


Consumer redress for misleading and aggressive practices

Consumer redress for misleading and aggressive practices

Author: Great Britain: Law Commission

Publisher: Stationery Office

Published: 2012-03-28

Total Pages: 188

ISBN-13: 9780101832328

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This joint report by the Law Commission and Scottish Law Commission considers the redress available to consumers who have been the victims of misleading or aggressive practices by traders. Currently consumers have to rely on private law rights if they want to take action. The Commissions' review found current private law in this area to be fragmented, complex and unclear, and recommends new legislation to provide redress to consumers who experience misleading and aggressive practices in their dealings with traders. The aim is to clarify and simplify the current law on misleading practices, and to improve the law on aggressive practices by filling the gaps in the current law. Limited reform, targeting the most serious causes of consumer detriment, is proposed. The report follows the Consumer Protection from Unfair Trading Regulations 2008 in most, but not all, respects. Recommendations are made on liability and remedies. Consumers would have the right to unwind the transaction (get a refund), or receive a discount on the price. Additional damages may be recoverable to compensate for additional loss. The report also considers the specific area of unfair payment collection.


European Fair Trading Law

European Fair Trading Law

Author: Geraint Howells

Publisher: Routledge

Published: 2016-04-22

Total Pages: 312

ISBN-13: 1317139666

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The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.


Research Handbook on Remedies in Private Law

Research Handbook on Remedies in Private Law

Author: Roger Halson

Publisher: Edward Elgar Publishing

Published:

Total Pages: 544

ISBN-13: 1786431270

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p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.


Enforcement and Effectiveness of Consumer Law

Enforcement and Effectiveness of Consumer Law

Author: Hans-W. Micklitz

Publisher: Springer

Published: 2018-07-06

Total Pages: 708

ISBN-13: 3319784315

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The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.


Law Against Unfair Competition

Law Against Unfair Competition

Author: Reto Hilty

Publisher: Springer Science & Business Media

Published: 2007-07-28

Total Pages: 274

ISBN-13: 3540718826

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This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.


Law Express: Commercial and Consumer Law

Law Express: Commercial and Consumer Law

Author: Judith Tillson

Publisher: Pearson UK

Published: 2018-07-03

Total Pages: 277

ISBN-13: 1292210656

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JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK’s bestselling law revision series. Features: · Review essential cases, statutes, and legal terms before exams. · Assess and approach the subject by using expert advice. · Gain higher marks with tips for advanced thinking and further discussions. · Avoid common pitfalls with Don’t be tempted to. · Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress


A Casebook on Contract

A Casebook on Contract

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

Published: 2020-06-11

Total Pages: 959

ISBN-13: 1509936157

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'...provides everything you want in a case book: a stimulating, thought-provoking and up to date account of contract law. It combines both fantastic academic commentary and superbly selected materials making it simply one of the best contract law casebooks.' Student Law Journal This is the seventh, fully updated, edition of Professor Burrows' Casebook, offering law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used either on its own or to supplement a contract law textbook, this book covers the undergraduate contract law course in a series of clearly presented and carefully structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum.


Misrepresentation, Mistake and Non-disclosure

Misrepresentation, Mistake and Non-disclosure

Author: John Cartwright

Publisher: Sweet & Maxwell

Published: 2012

Total Pages: 987

ISBN-13: 0414049551

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This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.


Koffman & Macdonald's Law of Contract

Koffman & Macdonald's Law of Contract

Author: Elizabeth Macdonald

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 649

ISBN-13: 0199644837

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A clear and non-technical account of contract law, ideal for university students new to the study of law.