Consumer Law Law

Landmark Cases in Consumer Law

Edited by Jodi Gardner · Iain Ramsay
Hart Publishing January 2024

Specifications

ISBN-13
9781509952298
Publisher
Hart Publishing
Publication
January 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Details

This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society.

Consumer law is often constructed as purely statute-based law. However-as this collection will demonstrate-this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, had a patterning effect on the economic organisation of markets, and expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value.

The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women.

This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.

Table of Contents

Introduction

Part I: Common Law Foundations of Consumer Law
1. Earl of Chesterfield v Janssen (1751) 2 Ves Sen 125; 1 Atk 301 (Ch)
2. Gardiner v Gray (1815) 4 Camp 144, 171 Eng Rep 46 (KB)
3. Parker v South Eastern Railway (1877) 2 CPD 416 (CA)
4. Carlill v Carbolic Smoke Ball [1893] 1 QB 256 (CA)
5. Helby v Matthews [1895] AC 471 (HL)
6. Donoghue v Stevenson [1932] AC 562 (HL)
7. Jarvis v Swan Tours [1972] 3 WLR 954 (CA)
8. Tesco v Nattrass [1972] AC 153 (HL)
9. Lloyds Bank v Bundy [1975] QB 326 (CA)
10. Erven Warnink BV v J Townend & Sons (Hull) Ltd [1979] AC 731 (HL)

Part II: Rethinking the Role of Consumer Law
11. Constantine v Imperial Hotels Ltd [1944] 1 KB 693 (KB)
12. Roe v Wade 410 US 113 (1973)
13. Virginia State Board of Pharmacy v Virginia Citizens Council
14. A v National Blood Authority [2001] 3 All ER 289 (QBD)
15. Office of Fair Trading v Abbey National plc [2010] 1 AC 696 (HL)
16. Sharples v Places for People Homes Ltd [2012] 2 WLR 584 (CA)
17. Aziz v Catalunyacaixa Case C-415/11; [2013] 3 CMLR 5
18. Plevin v Paragon Personal Finance Ltd [2014] 1 WLR 4222 (UKSC)
19. Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. (2018)
20. Merricks v Mastercard Inc [2019] EWCA Civ 674
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