By Charles E. F. Rickett, Thomas G. W. Telfer
Client defense legislations within the age of globalization poses new demanding situations for coverage makers. This ebook presents a global viewpoint on shopper legislations and the problems encountered through shoppers looking for functional treatments and strategies for faulty services and products. top students define the most important difficulties confronted via legislators in numerous international locations looking to adapt customer legislation to the worldwide market. subject matters contain commonplace shape contracts; the felony demanding situations posed by way of mass an infection (such as mad-cow ailment and CJD); shoppers and prone; buyer financial ruin legislations; and cross-border transactions.
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Sample text
Abstractions such as the reasonable consumer are taken to be unproblematic representations of the real world in which inequalities of social class, gender and race do not exist. I would like to relate these developments in thinking about law and society to socio-legal research on three topics in consumers’ access to justice: (1) consumer disputing; (2) the role of intermediaries; and (3) small claims courts. I do not propose a grand tour of existing research and I confess that my selections represent my own ethnocentric biases.
Such procedures should take particular account of the needs of low-income consumers. 2 In this essay I discuss two topics in relation to consumer redress and access to justice. My primary topic concerns the distributive impact of individualised complaint and redress procedures. I explore the question whether individualised redress procedures have a distributional tilt against lower-income and disadvantaged groups. I approach this question through an analysis of socio-legal research on three topics: consumer responses to problems with goods and services; the role of intermediaries in consumer disputes; and research on small claims courts.
The supply of services is an area where consumers suffer from acute information asymmetries. Consumers are often unable to make informed evaluations of the quality of service providers. Governments may respond by instituting general minimum service guarantees that might be implied into all service contracts or by adopting industry-specific regulation that might impose service standards, disclosure requirements or mandatory rules governing the form and content of the service provider’s contract. In his essay, Wilhelmsson adopts a ‘more principled approach’ and examines the opportunities for developing private law responses to the issue of the shrinking public state and the deregulation movement.