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Consumer Theories of Harm

Consumer Theories of Harm

Name: Consumer Theories of Harm
Brand: Hart Publishing
SKU: 9781509916856
Price: 1197.95 HKD
Availability: InStock
Author: Paolo Siciliani; Christine Riefa; Harriet Gamper
ISBN: 9781509916856

Edited by Paolo Siciliani · Christine Riefa · Harriet Gamper

Hart Publishing September 2019

Specifications

ISBN-13: 9781509916856
Publisher: Hart Publishing
Publication: September 2019
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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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

VI. Limitations Found in Unfair Terms Legislation

VII. The Enforcement Framework in the UK

3. The Limitations of Competition Law in Tackling Consumer Harm

I. Introduction

II. Ex-Post Enforcement against Exploitative Abuses

III. The Case for a Holistic Approach under an Ex Ante Administrative Market Regime

IV. The Enforcement Framework in the UK

4. The Economic Framework Underpinning Consumer Theories of Harm

I. Introduction

II. Consumer Surplus

III. The Economic Case for Intervention in Consumer Markets

IV. Concluding Remarks

5. Archetypal Consumer Theories of Harm

I. Introduction

II. The Scam

III. The Lemon

IV. The Shock

V. The Subsidy

VI. Concluding Remarks

6. Applying CToHs – Case Studies

I. Case Study on the CMA Market Inquiry into Retail Energy

II. Case Study on Bank Current Accounts and Savings Accounts

III. Case Study on Claims for Compensation in the Airline Industry

IV. Case Study on Allocated Airline Seating

V. Case Study on Fertility Add-Ons

7. Fairness by Design: The Introduction of a Positive Duty to Trade Fairly

I. Introduction

II. Justifications for Adopting a More Prescriptive Standard of Conduct for the Protection of Consumers

III. Introducing a Positive Duty to Trade Fairly

IV. The Impact of a General and Positive Duty to Trade Fairly

V. Conclusion

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Table of Contents

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