Private Law Theory

Abstract:
EU ‘general clauses’ on fairness offer significant potential for improved consumer protection. However, the Supreme Court has interpreted the unfair terms general clause and a related provision by reference to an underlying ethic of self interest and self reliance’; and the same approach is possible under the unfair practices general clauses. This is a significant threat to consumer protection. A more protective ethic may be intended at EU level; and a particular line of argument may be needed to persuade the Supreme Court of this.

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Chris Willett, General Clauses and the Competing Ethics of European Consumer Law in the UK. The Cambridge Law Journal, 71 [2012], pp 412–440

First posted 2012-06-21 07:33:29