Bant and Paterson, ‘Consumer Redress Legislation: Simplifying or Subverting the Law of Contract’

Abstract:
The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights and remedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of private law with different principles and rules applying to commercial and consumer transactions. Coherence in the law requires that lawyers abandon their traditional ‘oil and water’ attitudes to legislative schemes and confront directly the interactions between these two bodies of law. This paper engages in that enquiry by considering the relationship between the relatively new consumer redress provisions in the Consumer Protection from Unfair Trading Regulations 2008 and general law principles.

Elise Bant and Jeannie Marie Paterson, Consumer Redress Legislation: Simplifying or Subverting the Law of Contract, Modern Law Review, volume 80, issue 5, September 2017.

First posted 2017-09-08 13:33:36

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