CONSUMER LAW AND POLICY:TEXT AND MATERIALS ON REGULATING CONSUMER MARKETS THIRD EDITIONPDF|Epub|txt|kindle电子书版本网盘下载

CONSUMER LAW AND POLICY:TEXT AND MATERIALS ON REGULATING CONSUMER MARKETS THIRD EDITIONPDF格式电子书版下载

注意：本站所有压缩包均有解压码： 点击下载压缩包解压工具

1 SETTING THE CONTEXT1

1. The development of consumer law and policy1

2. Consumer law, neo-liberalism and the social market7

3. Consumer influence in contemporary society: the politics of consumer protection14

3.1 Explaining the existence of patterns of consumer regulation15

4. Markets, consumption and ideology24

5. The regional and global dimension29

5.1 European consumer law and policy: establishing the ground rules of the internal market29

5.2 Conceptions of the consumer in EU law33

5.3 The competence of the EU in consumer policy34

5.4 The move to maximal harmonisation; framework directives36

6. International consumer law38

2RATIONALES FOR CONSUMER LAW AND POLICY41

1. Neo-classical rationales: market failure42

1.1 Assumptions of market failure analysis47

2. Information failures in consumer markets49

2.1 Market structure and information failures54

3. The new policy paradigm: behavioural economics56

3.1 Hyperbolic discounting57

3.2 Over-optimism58

3.3 Framing effects and status quo bias58

3.4 Availability and anchoring59

3.5 Information overload59

3.6 Fairness60

3.7 Emotions and the economy60

3.8 Behavioural economics and regulators61

3.9 Implications of behavioural economics for consumer law and policy61

4. Competition, information failures, bundling and switching costs67

5. Equity70

5.1 Assuring consumer access to markets at reasonable prices: social exclusion and consumer markets73

5.2 Consumer entitlements: a rights approach?77

5.3 Community values79

6. Paternalism81

7. Sustainable consumption: ethical and fair trade82

3FRAMEWORKS AND FORMS OF REGULATION OF CONSUMER MARKETS85

1. The new regulation85

2. Regulation and governance90

2.1 Self-regulation, guidance, best practices and benchmarking92

2.2 Market norms and default rules93

2.3 The consumer as a regulatory subject95

2.4 Transnational consumer regulation96

3. Techniques of regulation98

3.1 Information remedies98

3.2 Reducing enforcement costs103

3.3 Encouraging pre-commitment strategies103

3.4 Standards104

3.5 Individualised screening: licensing105

3.6 Price controls105

4. Competition policy, economic regulation and consumer policy105

5. Adjudication and the regulatory role of the courts105

5.1 The balance of public and private enforcement of consumer law108

5.2 Public interest groups and agenda setting: supercomplaints109

6. Transnational regulation, the Internet and cross-border transactions113

6.1 Establishing the ground rule of consumer Internet transactions116

6.2 Formalities, information disclosure, cooling off and Internet consumer contracts117

6.2 Consumer redress and the Internet119

6.3 Enhancing reputational devices: trustmarks and reputation intermediaries122

6.4 Online dispute resolution124

4 THE REGULATION OF DECEPTIVE AND UNFAIR COMMERCIAL PRACTICES127

1. Constituting the market127

1.1 The role of advertising127

1.2 Commercial speech: a constitutional right to advertise?130

2. The common law ground rules136

2.1 Puffing and its limits137

2.2 Theories of recovery for manufacturers’ advertising claims139

3. Unfair Commercial Practices Regulation151

3.1 Institutional framework of trade practices regulation154

4. A new start? The EU Unfair Commercial Practices Directive and its implementation156

4.1 The rationale for the UCPD156

4.2 Maximal harmonisation and the UCPD160

4.3 The scope of the Directive163

4.4 The role of the general clause164

5. Implementation: the CPUT Regulations 2008165

5.1 Interpreting the regulations166

5.2 The standard of protection: the average consumer and the transactional decision test under the UCPD166

6. Judicial interpretation of the average consumer test169

6.1 The vulnerable consumer174

6.2 Material omissions177

6.3 What is at stake in the average consumer test? A comparative note178

6.4 Disclaimers, ‘car clocking’ and the CPUT regulations181

6.5 Material omissions and invitations to purchase183

7. Misleading pricing: the search for market fairness188

7.1 Why regulate misleading price claims?188

7.2 The regulation of hi-lo pricing191

8. Aggressive commercial practices195

9. Prohibited practices: Schedule 1198

10. ‘Cooling-off’ periods in consumer transactions: a right to withdraw in consumer contracts?199

10.1 Doorstep selling200

10.2 Distance selling and cooling-off206

10.3 Timeshares and cooling-off208

10.4 Cooling-off periods and stimulating competitive markets:extended warranties208

10.5 Rethinking cooling-off periods: a right to withdraw?209

5IMPLEMENTATION AND ENFORCEMENT OF UNFAIR COMMERCIAL PRACTICES LAW213

1. The structure of public enforcement of unfair commercial practices law in the UK214

2. Models of enforcement218

3. Methods of public enforcement220

3.1 The old workhorse: the regulatory offence221

4. Administrative remedies242

4.1 Enforcement orders243

4.2 Administrative penalties252

4.3 The enforceable undertaking253

4.4 Adverse publicity: naming and shaming254

4.5 Public power to obtain compensation and redress255

4.6 Restorative justice orders256

5. The balance of public and private enforcement of unfair trading law256

6. Class and public-interest actions262

6.1 Canadian experience of consumer class actions271

7. The role of self-regulatory organisations in enforcing unfair commercial practices law274

7.1 Mandated self-regulation and co-regulation: the Advertising Standards Authority276

7.2 Codes of practice288

8. Cross-border enforcement of unfair commercial practices law292

6 STANDARD FORM CONSUMER CONTRACTS AND THE SEARCH FOR FAIRNESS297

1. Rationales for regulation297

1.1 Inequality of bargaining power297

1.2 Neo-classical economic analysis and standard-form contracts300

1.3 Behavioural economics and standard-form contracts302

1.4 Understanding the role of standard-form contracts in corporate relationships with consumers303

2. Regulatory techniques305

2.1 Judicial control305

3. The OFT: developing an approach to unfair contract terms regulation:negotiation, litigation and ‘high-impact cases’317

3.1 Phase 1: change through negotiation320

3.2 Assessing the initial performance of the OFT326

4. A new approach? Greater use of test and high-impact cases330

4.1 Threatening action: credit card penalty charges339

4.2 Bank charges340

4.3 The OFT as bargaining agent for consumers357

7 REGULATION OF CONSUMER CREDIT MARKETS361

1. The role of consumer credit in the economy362

1.1 Consumer credit in the UK364

1.2 Sub-prime and high-cost credit367

1.3 Financial exclusion373

2. The costs and benefits of consumer credit375

3. Rationales for regulation of consumer credit markets376

4. The Consumer Credit Act 1974380

4.1 Institutional structure of credit regulation382

5. Ex ante regulation: a safety model for credit regulation?385

5.1 Ex ante regulation: the evolving experience of credit licensing386

5.2 FSA approaches to regulation: the ‘treating customers fairly’initiative393

6. Empowering the demand side of the market? Information remedies410

6.1 Required disclosures: truth in lending410

6.2 Post-contractual information416

6.3 Formalities and the sanction of nullity: attacking agreements through heightened formalism418

6.4 Early settlement and promoting competition419

6.5 Reducing creditor costs: credit information, credit scoring and credit bureaux420

7. Responsibilising the consumer: financial literacy424

8. Responsible lending426

9. Regulating contract terms and credit relationships: relational contracting432

9.1 Controlling discretion and reacting to changed circumstance432

10. Regulation of the price of credit: usury437

10.1 Judicial control of credit terms: unfair credit relationships440

11. Ombudsmen: The Financial Ombudsman Service448

11.1 Ombudsmen, the rule of law and norm development454

12. Over-indebtedness and regulation of credit default467

12.1 Creditors’ remedies and consumer protection469

12.2 The regulation of default470

12.3 Controls on repossession481

13. Restructuring and writing down consumer debts490

13.1 Individual voluntary arrangements491

13.2 Administration orders492

13.3 Bankruptcy as a consumer remedy493

13.4 The role of bankruptcy in contemporary society495

14. Institutional alternatives: expanding choice and access to affordable credit498

14.1 Credit unions498

14.2 The Social Fund501

14.3 Harnessing the resources of mainstream finance503

8 QUALITY REGULATION AND POST- PURCHASE QUALITY PROBLEMS505

1. Sources of quality problems: an economic perspective505

1.1 The repeat-purchase mechanism, reputation and product quality507

1.2 Complaints, legal rights and problem solving508

2. Consumer product warranties512

3. Private liability law517

3.1 Correspondence with description519

3.2 Satisfactory quality and fitness for particular purpose521

3.3 Judicial standards in relation to high-value consumer products—automobiles and yachts532

3.4 The structure of consumer remedies: designed for adjudication or bargaining?542

3.5 Rejection rights outside the Sale of Goods Act547

3.6 Manufacturers’ legal liability to consumers for economic loss549

3.7 Reducing consumer costs in quality disputes? Lemon laws553

4. Harnessing market gate-keepers for redress: connected-lenders’ liability553

5. The regulation of product market quality: the case of used cars563

6. Services566

6.1 Civil liability and service quality567

6.2 Service performance and consumer bargaining power571

6.3 Consumer damages573

7. Car servicing576

9 PRODUCT SAFETY REGULATION581

1. Rationales and objectives: defining an acceptable social risk582

1.1 Identification of product risks588

2. The development of consumer product safety regulation in the United Kingdom588

2.1 Product safety standards590

3. Consumer safety and transnational market governance within the EU593

3.1 The EU ‘new approach’ to standards and consumer product safety standardisation: free movement in a safe market593

3.2 Representation of consumer interests on standardisation bodies600

4. Post-marketing surveillance and the enforcement of product safety standards605

5. Private liability law: product liability609

5.1 Liability under the Consumer Protection Act 1987610

References627

Index657