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Vol 21 No 11 Nov/Dec 2016

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International Perspectives on Consumers' Access to Justice

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Edited by: Charles E.F. Rickett

ISBN13: 9780521824323
ISBN: 052182432X
Published: August 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £104.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Consumer protection law in the age of globalisation poses new challenges for policy-makers. This book highlights the difficulties of framing regulatory responses to the problem of consumers' access to justice in the new international economy. The growth of international consumer transactions in the wake of technological change and the globalisation of markets suggests that governments can no longer develop consumer protection law in isolation from the international legal arena.

Leading scholars consider the broader theme of access to justice from socio-legal, law and economics perspectives. Topics include standard form contracts, the legal challenges posed by mass infections (such as mad-cow disease and CJD), ombudsman schemes, class actions, alternative dispute resolution, consumer bankruptcy, conflict of laws, and cross-border transactions.

This book demonstrates that advancing and achieving access to justice for consumers proves to be a challenging, and sometimes elusive, task.

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Contents:
1. Consumers' access to justice: an introduction Charles E. F. Rickett and Thomas G. W. Telfer
Part I. Perspectives on Consumer's Access to Justice: 2. Consumer redress and access to justice Iain Ramsay; 3. Consumer access to justice in common law countries: a survey of the issues from a law and economics perspective Anthony J. Duggan; 4. Rethinking consumer protection policy Michael J. Trebilcock
Part II. Issues in Contract and Tort: 5. Standard form contracts in Europe and North America: a hundred years of unfair terms? Leone Niglia; 6. BSE, CJD, mass infections and the Third US restatement Jane Stapleton
Part III. Services and the Consumer: 7. Services of general interest and European private law Thomas Wilhelmsson; 8. The new financial ombudsman service in the United Kingdom: has the second generation got it right? Rhoda James and Philip Morris; 9. Economic appraisals of rule-making in the New Society: why, how, and what does it mean? The challenge for the consumer Jenny Hamilton and Mik Wisniewski
Part IV. Consumer Bankruptcy Law: 10. Access to the discharge in Canadian bankruptcy law and the new role of surplus income: an historical perspective Thomas G. W. Telfer; 11. The death of consumer bankruptcy in the United States Charles Jordan Tabb
Part V. Procedure and Process Issues: 12. Privatisation and power: dispute resolution for the internet Elizabeth G. Thornburg; 13. Armageddon through aggregation? The use and abuse of class actions in international dispute resolution Richard O. Faulk
Part VI. Conflict of Laws Issues: 14. Adapting international private law rules for electronic consumer contracts Lorna E. Gillies; 15. Waving goodbye to conflict of laws? Recent developments in European Union consumer law Axel Halfmeier.