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Consumer Theories of Harm

Consumer Theories of Harm

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509916856
  • Previous Edition ISBN: 1849468060
  • 出版时间 September 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509951963
¥1,057.50
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  • 描述 
  • 大纲 
  • 详细

    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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