Regulation of Unfair Terms in Consumer Contracts--An American Perspective PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Regulation of Unfair Terms in Consumer Contracts--An American Perspective PDF full book. Access full book title Regulation of Unfair Terms in Consumer Contracts--An American Perspective by James P. Nehf. Download full books in PDF and EPUB format.
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: 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: 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: Jean Braucher Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The phenomenon of unfair terms in mass-market contracts is widely acknowledged, as is the fictional nature of “assent” or “consent” to all but a few obvious terms, such as price and key product features. Although some still argue for facilitating choice through better disclosure and education of customers, most policymakers, regulators, and scholars concede that there often can be no real assent to mass-market standard terms, but then balk at meaningful solutions to address market failure. The problem of nasty standard terms is seen as intractable. A good example of recognition of the problem of unfair terms but reluctance to provide effective remedies is the recent project of the American Law Institute - the Principles of the Law of Software Contracts. The Principles address every issue raised by the coalition of software customers concerning unfair terms and practices, but they rely too heavily on after-the-fact judicial policing using broad standards and do not call for administrative prevention or enforcement. The Principles thus are mostly symbolic, although in several places they propose meaningful commands and in others they use illustrations to target specific suspect terms. Overall, they suggest some important ways to make software contracts fairer and succeed in making the point that policing of terms is more tractable if done industry by industry, with attention to particularities, but they stop short of a workable implementation strategy. An alternative regulatory model is presented by the EU Unfair Contract Terms in Consumer Contracts Directive. The Directive has its own limitations, such as a scope limited to natural persons acting outside their trade or business. However, its greatest strength is an explicit recognition that unfair terms not only should be unenforceable, but also have to be kept out of contracts in the first place. Prevention of unfair drafting requires responsive regulation designed to curb and channel corporate culture. The United Kingdom's Office of Fair Trading (scheduled for elimination in 2014 by the Coalition Government by being merged into a new Competition and Markets Authority) has made use of such an approach in its implementation of the Directive in UK law. The quest for effective implementation of constraints on unfairness should continue. From a comparative perspective, the US and Europe each have something to learn from the other, and an amalgam of their approaches to unfair terms may provide better oversight than what either has devised so far.
Author: Chris Willett Publisher: Routledge ISBN: 1351937391 Category : Law Languages : en Pages : 465
Book Description
This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
Author: James P. Nehf Publisher: ISBN: Category : Languages : en Pages : 11
Book Description
This paper examines the regulation of unfair terms in consumer contracts, as reported by consumer law experts in more than a dozen Asian countries. The comparative analysis proceeds in four parts and draws some comparisons to the regulation of unfair terms in the United States. The first part examines the role of general doctrines of unfairness, specifically the unconscionability and good faith doctrines, as a check on unfair contract terms. The second part looks at the various ways in which the reporting countries address procedural unfairness in consumer contract formation. The third part is a partial taxonomy of the wide variety of substantive terms that are deemed to be unfair in countries across the region. The fourth part discusses the available remedies when a trader includes unfair terms in consumer contracts, ranging from nullifying the unfair term to possible criminal penalties.
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: Geraint G. Howells Publisher: Edward Elgar Publishing ISBN: 1849806314 Category : Law Languages : en Pages : 603
Book Description
This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK Consumer law and policy has emerged in the last half-century as a major policy concern for all nations. This Handbook of original contributions provides an international and comparative analysis of central issues in consumer law and policy in developed and developing economies. The Handbook encompasses questions of both social policy and effective business regulation. Many of the issues are common to all countries and are becoming increasingly globalised due to the growth in international trade and technological developments such as the Internet. The authors provide a broad coverage of both substantive topics and institutional questions concerning optimal approaches to enforcement and the role of class actions in consumer policy. It also includes comparative insights into the influential EU and US models of consumer law and relates consumer law to contemporary trends in human rights law. Written by a carefully selected group of international experts, this text represents an authoritative resource for understanding contemporary and future developments in consumer law. This Handbook will provide students, researchers and policymakers with an insight to the main policy debates in each context and provide models of legal regulation to assist in the evaluation of laws and the development of consumer law and policy.
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: Peter Walker Publisher: Routledge ISBN: 1135341761 Category : Law Languages : en Pages : 109
Book Description
This fourth edition of Practice Notes on Consumer Law contains much useful information for those dealing with problems in consumer law, from either the consumer or supplier perspective. These notes include guidance on common problems, checklists, specimen letters and precedents to help you through the common problems in this area of law, which has recently changed so rapidly. Consumer Law covers contract, tort, consumer credit, and consumer safety. Each of these areas has seen huge changes in the ways business is done, largely as a result of changing technology, enabling people to buy goods and services in new ways, including via the internet. That technology can, in itself, be the cause of difficulties, where it goes wrong, or where suppliers have inadequate systems to deal with customer. Both suppliers and consumers need advice on how to deal with the problems that arise. This fourth edition has, therefore, been updated to include: developments such as the Unfair Terms in Consumer Contracts Regulations 1999, and the Contracts (Rights of Third Parties) Act 1999 changes in consumer safety law, particularly the regulations concerning general product safety changes in civil procedure as a result of the Woolf Reforms - the book includes procedural notes relating to litigation the influence of the European Union, particularly consumer protection for distance selling contracts.
Author: James P. Nehf
Author: James P. Nehf
Author: Gardiner, Caterina
Author: 
Author: Jean Braucher
Author: Chris Willett
Author: James P. Nehf
Author: Elizabeth J. Macdonald
Author: Geraint G. Howells
Author: Hugh Collins
Author: Peter Walker