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Vol 21 No 10 Oct/Nov 2016

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European Law on Unfair Commercial Practices and Contract Law


ISBN13: 9781782258117
Published: May 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



In stock.

Also available as
£45.82
+ £9.17 VAT

The book examines the ambiguous relationship between the European law on unfair commercial practices and contract law.

In particular, the manuscript demonstrates that the Directive 2005/29/EC on unfair commercial practices (UCPD) has had a major impact on contract law, despite the declaration concerning the formal independence between the two branches of law established by Article 3(2) UCPD.

The insights and conclusions identified in the book contribute to a better understanding of European private law and the general process of Europeanization of private law in the European Union, and in particular of contract law.

Subjects:
Contract Law, Commercial Law, Consumer Law
Contents:
1. Introduction
Setting the Scene
Structure of the Book
Two Branches of EU Consumer Law
Europeanisation of the Law on Unfair Commercial Practices
The Regulatory Framework of the UCPD
The Maximum Harmonisation Character of the Directive 3
The Notion of Commercial Practice
Europeanisation of Contract Law
The Role of Article 3(2) UCPD

2. The Average Consumer
Introduction: Which Consumer is Protected by EU Law?
The Protected Consumer Under the UCPD
Two Definitions of Consumer
The Average Consumer Between the Two Goals of the UCPD
Three Components of the Defi nition of an Average Consumer
The Interpretation of the Average Consumer Under the UCPD
The Distinction Between the Average Consumer and Vulnerable Consumer
The Protected Consumer Under Consumer Contract Law
Lack of a Clear Standard of the Protected Consumer
The Need for a Standard of the Consumer
EU Primary Law and the Notion of the Consumer
EU Primary Law and the Understanding of the Consumer
EU Secondary Law and the Standard of the Consumer
The Analysis of Post-UCPD Secondary Law on Consumer Protection

3. The Duty to Trade Fairly
Introduction: General Duty to Trade Fairly in EU Consumer Law
Duty to Trade Fairly Under Directive 2005/29/EC
The Defi nition of the General Clause
The Purpose of the General Clause and its Functions
The Two Limbs of the General Clause
The Requirements of Professional Diligence
Requirements of Good Faith and Honest Market Practice
The Scope of Application of the Duty to Trade Fairly
Material Distortion of a Consumer's Economic Behaviour
The Duty to Trade Fairly in Consumer Contract Law
The Impact of the Duty to Trade Fairly in Contract Law
Commercial Practices and Contract
Good Faith and the National Legal Traditions of Member States
Good Faith in European Contract Law
The Meaning of Good Faith Under the UCPD
The Horizontal Effects of the Duty to Trade Fairly on Consumer Contracts
The Signifi cance of the Judgment in Perenicová
The Meaning of the Duty to Trade Fairly in Consumer Contract Law

4. The Duty of Information
Introduction: A Universal European Duty of Information
The Duty of Information Under the UCPD
The Three Small General Clauses of the Directive
Introduction of the General Duty of Information
Materiality of Information
Transactional Decision
The Context in which Information is Provided
Duty of Information in Consumer Contract Law
The Paradigm of the Informed Consumer
Two Rationales for the Duty of Information
Duty of Information in National Contract Law
Duty of Information in European Contract Law
Information Requirements in Contract Law after the UCPD
The Invitation to Purchase

5. Remedies
Introduction: Remedies and Enforcement in EU Consumer Law
Remedies and Enforcement Under Directive 2005/29/EC
General Approach towards Enforcement by the UCPD
Collective Enforcement
Individual Enforcement
Impact on Existing Contract Law Remedies
Adoption of New Contract Law Remedies
Remedies Under Consumer Contract Law
Contract Law Remedies of European Contract Law
Directive 93/13/EEC on Unfair Contract Terms
Directive 2011/83/EU on Consumer Rights
Directive 1999/44/EC on Consumer Sales and Associated Guarantees

6. Conclusions
The Main Concluding Observations
The Average Consumer
The Duty to Trade Fairly
The Duty of Information
Remedies
Europeanisation of Contract Law Through the UCPD
Impact on Contract Law Concepts
The Refi ned Means of Impact
The Signifi cance of Innovative Legal Terminology
Summation of the Book

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published November 2018
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The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
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The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
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The Fundamental Rights of Companies ISBN 9781841136899
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£63.00
Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
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ISBN 9781849468657
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£60.00
EU Liability and International Economic Law ISBN 9781509901593
To be published March 2017
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£60.00
The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
To be published December 2016
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£23.99
£31.99
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
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£24.99
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The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
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£49.99 + £10.00 VAT
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Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
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£30.00
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
Published June 2016
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£60.00
European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
Published May 2016
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£45.82 + £9.17 VAT
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Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
Published February 2016
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£55.00
Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
Published February 2016
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
Published November 2015
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£55.00
Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
Published November 2015
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£45.82 + £9.17 VAT
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Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
Published November 2015
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£60.00
Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
Published November 2015
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£49.99 + £10.00 VAT
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The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
Published September 2015
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£54.16 + £10.83 VAT
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Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
Published September 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Nudge and the Law: A European Perspective ISBN 9781849467322
Published September 2015
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£50.00
The European Union in International Organisations and Global Governance ISBN 9781849467001
Published September 2015
Hart Publishing
£68.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
Published September 2015
Hart Publishing
£23.99
The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
Published January 2015
Hart Publishing
£37.49 + £7.50 VAT
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
Published January 2015
Hart Publishing
£48.00
European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
Published September 2014
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£50.00
European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
Published September 2014
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£20.82 + £4.17 VAT
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£65.00
£65.00
£26.66 + £5.33 VAT
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£26.66 + £5.33 VAT
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EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
Published April 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
Published April 2014
Hart Publishing
£25.00
£41.66 + £8.33 VAT
(ePub)
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Services and the EU Citizen (eBook) ISBN 9781782250968
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
Hart Publishing
£55.00
£49.99 + £10.00 VAT
(ePub)
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
Hart Publishing
£60.00
Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Federalism in the European Union ISBN 9781849462426
Published September 2012
Hart Publishing
£75.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
Hart Publishing
£60.00
EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
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£19.99 + £4.00 VAT
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Publication Abandoned