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Author: Hugh Collins Publisher: Kluwer Law International B.V. ISBN: 9041127844 Category : Law Languages : en Pages : 310
Book Description
Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
Author: Hugh Collins Publisher: Kluwer Law International B.V. ISBN: 9041127844 Category : Law Languages : en Pages : 310
Book Description
Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.
Author: Yeşim M. Atamer Publisher: Springer Nature ISBN: 3030230570 Category : Law Languages : en Pages : 772
Book Description
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).
Author: James P. Nehf Publisher: ISBN: Category : Languages : en Pages : 15
Book Description
In the typical merchant-consumer transaction, standard terms are of course the norm. Consumer transactions are documented by contracts of adhesion where most, if not all, of the terms are drafted by the merchant and are not negotiable. Even if they were negotiable, the vast majority of consumers will either not be aware of this possibility or, quite reasonably, will conclude that they cannot bargain effectively over terms either because they do not understand their legal import or they cannot envision alternatives that would better serve their interests. Sometimes those standard terms are so one-sided in favor of the merchant that they inflict unfair hardship on the unknowing consumer. In the United States, there is no omnibus law on unfair contract terms that applies uniformly throughout the country. Regulation of unfair terms is addressed piecemeal, with limited protection in certain sectors at the federal level and most of the regulatory norms imposed by the individual states. Those norms can take statutory or common law form, and while they can vary widely from state to state, there are some parallel themes.
Author: R. G. Lawson Publisher: Sweet & Maxwell ISBN: 0414045769 Category : Law Languages : en Pages : 368
Book Description
For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.
Author: Elizabeth J. Macdonald Publisher: Bloomsbury Professional ISBN: Category : Law Languages : en Pages : 344
Book Description
Any contract is likely to have its fair share of exemption clauses and failure to read the small print is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of unfair terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book also deals thoroughly with penalty and forfeiture clauses and is the definitive in-depth text giving exhaustive coverage of the subject.
Author: Gardiner, Caterina Publisher: Edward Elgar Publishing ISBN: 1800886179 Category : Law Languages : en Pages : 240
Book Description
Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.
Author: Elizabeth Macdonald (Professor of law) Publisher: Butterworths ISBN: 9780406971432 Category : Contracts Languages : en Pages :
Book Description
Any contract is likely to have its fair share of exemption clauses and failure to 'read the small print' is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of 'unfair' terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book is the most up-to-date and authoritative text in this difficult area of law. It gives in-depth coverage to exemption clauses and unfair terms and is fully updated to incorporate the most up-to-date commentary on the market.
Author: Mindy Chen-Wishart Publisher: Oxford University Press, USA ISBN: 0198850425 Category : Law Languages : en Pages : 689
Book Description
The Studies in the Contract Laws of Asia series charts the divergence in and common principles of contract laws across Asia, with a view to providing the scholarly foundations for future harmonization and reform. This third volume deals with the contents of contracts and unfair terms.
Author: Standing Committee of Officials of Consumer Affairs. Unfair Contract Terms Working Party Publisher: ISBN: Category : Consumer protection Languages : en Pages : 55
Book Description
"It was reported to the Ministerial Council on Consumer Affairs (MCCA) in August 2002 that fair trading and consumer protection jurisdictions across Australia share a growing number of problems with unfair terms in consumer contracts in various areas of the marketplace. Consumer contracts are increasingly complex and it is becoming correspondingly difficult for consumers to identify important terms, rights and responsibilities and potential costs associated with purchase agreements. New technologies and borderless markets further complicate the picture. At its 2002 meeting MCCA therefore directed the Standing Committee of Officials of Consumer Affairs (SCOCA) to establish a national working party to investigate policy options to address unfair terms in consumer contracts and the merits of adopting a more nationally consistent and effective regulatory regime ... The purpose of this Discussion Paper is to seek the views of the wider community on the need for unfair contract terms regulation and the best model for achieving this." -- from the Introduction, p. 5.
Author: Hugh Collins
Author: Hugh Collins
Author: Yeşim M. Atamer
Author: James P. Nehf
Author: R. G. Lawson
Author: Elizabeth J. Macdonald
Author: Gardiner, Caterina
Author: United States. Government Printing Office
Author: Elizabeth Macdonald (Professor of law)
Author: Mindy Chen-Wishart
Author: Standing Committee of Officials of Consumer Affairs. Unfair Contract Terms Working Party