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Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405102
Category : Law
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: The Stationery Office
ISBN: 9780118405102
Category : Law
Languages : en
Pages : 278
Get Book
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: 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: Dr Orkun Akseli
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472423402
Category : Law
Languages : en
Pages : 289
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Book Description
Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the 2005 Unfair Commercial Practices Directive, or UCPD, and whether the many possible issues identified at its inception have been borne out in practice. The volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States.
Author: Roger Halson
Publisher: Edward Elgar Publishing
ISBN: 1786431270
Category : Law
Languages : en
Pages : 544
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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: 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: Mateja Durovic
Publisher: Bloomsbury Publishing
ISBN: 1782258124
Category : Law
Languages : en
Pages : 240
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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: Richard Stone
Publisher: Taylor & Francis
ISBN: 1317434498
Category : Law
Languages : en
Pages : 862
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Book Description
Written by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary. Composed of approximately one-quarter authors’ commentaries and three-quarters cases and materials, including academics’ articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law. This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include: ● chapter introductions to highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text; ● additional reading listed at the end of each chapter to assist further study and independent research; ● clear and attractive text design that differentiates between the authors’ commentaries and the materials; ● a companion website that provides skills materials and self-assessment tasks to help further your learning. The range of material covered, straightforward style and targeted updates to this fourth edition make Text, Cases and Materials on Contract Law a comprehensive and invaluable resource for all undergraduate and postgraduate students of contract law.
Author: Willem van Boom
Publisher: Routledge
ISBN: 1317033167
Category : Law
Languages : en
Pages : 284
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Book Description
One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.
Author: Junghoon Kim
Publisher: Springer Nature
ISBN: 9811573298
Category : Business & Economics
Languages : en
Pages : 375
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Book Description
This book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.
