Consumer redress for misleading and aggressive practices PDF Download

Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405102
Category : Business & Economics
Languages : en
Pages : 278

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Book Description
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.

Author: Great Britain: Law Commission
Publisher: Stationery Office
ISBN: 9780101832328
Category : Law
Languages : en
Pages : 188

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Book Description
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.

Author: Bram B. Duivenvoorde
Publisher: Springer
ISBN: 331913924X
Category : Law
Languages : en
Pages : 255

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Book Description
This book investigates the regime of consumer benchmarks in the Unfair Commercial Practices Directive and explores to what extent this regime meets each of the goals of the Directive. In particular, it assesses whether the consumer benchmarks are suitable in terms of achieving the three goals of the Directive: achieving a high level of consumer protection, increasing the smooth functioning of the internal market, and improving competition in the market as such. In addition to providing a thorough analysis of the consumer benchmarks and their relationship to the goals of the Directive, at a more practical level, the book provides insight into the working and consequences of the benchmarks that can be used in the evaluation of the Unfair Commercial Practices Directive and its application by the CJEU. This assessment is important because the Directive, while promising to regulate unfair commercial practices in a way that achieves the Directive’s goals, has removed the possibility for Member States to regulate unfair commercial practices themselves.

Author: Geraint Howells
Publisher: Routledge
ISBN: 1317139666
Category : Law
Languages : en
Pages : 312

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Book Description
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.

Author: Roger Halson
Publisher: Edward Elgar Publishing
ISBN: 1786431270
Category : Law
Languages : en
Pages : 549

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Book Description
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.

Author: Reto Hilty
Publisher: Springer Science & Business Media
ISBN: 3540718826
Category : Law
Languages : en
Pages : 274

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Book Description
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.

Author: Hans-W. Micklitz
Publisher: Springer
ISBN: 3319784315
Category : Law
Languages : en
Pages : 708

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Book Description
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.

Author: Mateja Durovic
Publisher: Bloomsbury Publishing
ISBN: 1782258132
Category : Law
Languages : en
Pages : 235

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Book Description
The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law. In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD. The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanisation of private law in the European Union, and in particular of contract law.

Author: Elizabeth Macdonald
Publisher: Oxford University Press, USA
ISBN: 0199644837
Category : Law
Languages : en
Pages : 649

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

Author: John Cartwright
Publisher: Sweet & Maxwell
ISBN: 0414049551
Category : Law
Languages : en
Pages : 987

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Book Description
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.