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Consumer Theories of Harm

Consumer Theories of Harm

Author: Paolo Siciliani; Christine Riefa; Harriet Gamper
Publisher: Hart Publishing
ISBN: 9781509916856

Previous Edition ISBN: 1849468060
Published In: September 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509951963

List Price: S$197.60

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Description
Contents

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Consumer law and practice has undergone a period of change over the last two decades, culminating in the 2015 Consumer Rights Act and associated changes to the competition regime and to consumer enforcement.

This monograph argues that a further move to higher standards of protection is necessary, and that a more confident use of economic theory will allow practitioners to demonstrate how a poor standard of professional diligence lies at the heart of consumer harm. Both theoretical and practical examples of how to combine existing law with economic theory to improve case outcomes are provided. The book concludes that to move to a more proactive regime in the consumer field, with more assertive enforcement, would entail a move to a positive duty for firms to treat consumers fairly.

1. Introduction

I. The Search for Fairness

II. Origins of Theories of Harm in Competition Law

III. Using Theories of Harm in Consumer Law – A Natural Evolution

IV. Harnessing the Use of Economics in Consumer Law

V. Contents

2. The Limitations of Consumer Law in Tackling Consumer Harm

I. Introduction

II. Limitations in the Use of Information as a Mainstream Transparency Approach

III. Limitations of the Definition of the 'Average Consumer' Used as a Reference Point for Protection

IV. Implementation of the 'Average Consumer' Standard under the Unfair Commercial Practices Legislation

V. Protecting 'Vulnerable' and 'Disengaged' Consumers