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Consumer Sales Remedies in US and EU Comparative Perspective

Consumer Sales Remedies in US and EU Comparative Perspective

Consumer Sales Remedies in US and EU Comparative Perspective

Author: Sanne Jansen
Publisher: Intersentia Publishers
ISBN: 9781780686516
Published In: August 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 784.00

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Description
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This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties.

Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner.

Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only.

Table of contents and preliminary pages

Chapter 1. Introduction

Chapter 2. Hierarchy of Remedies - so different and yet so alike

Chapter 3. Self-Help

Chapter 4. Notification Duties

Chapter 5. Conclusion

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