NCJ Number
54722
Date Published
1978
Length
550 pages
Annotation
THE SUBSTANCE AND CONTEXT OF ENGLISH CONSUMER PROTECTION LAW ARE DISCUSSED, WITH FREQUENT REFERENCE TO DEVELOPMENTS IN AUSTRALIA, CANADA, AND THE UNITED STATES.
Abstract
THE MAIN DIVISIONS OF THE BOOK EXAMINE THE VARIOUS, MAINLY LEGAL, TECHNIQUES USED TO ADVANCE CONSUMER INTERESTS--BUSINESS SELF-REGULATION, PRIVATE LAW, AND PUBLIC CONTROL. THE VOLUNTARY LABELING OF PRODUCTS BEYOND LEGAL REQUIREMENTS TO PROVIDE CONSUMER INFORMATION, THE ESTABLISHMENT OF CODES OF ETHICS AND SOCIAL PRACTICE, AND CODES OF ADVERTISING ARE EXAMINED AS ASPECTS OF BUSINESS SELF-REGULATION IN DEALING WITH THE CONSUMER. BUSINESS SELF-REGULATION IS VIEWED AS GENERALLY INEFFECTIVE, BECAUSE BUSINESSES ARE MORE CONCERNED WITH THEIR OWN SURVIVAL AND PROSPERITY THAN CONSUMER NEEDS AND INTERESTS. THE OPERATION OF PRIVATE LAW ON BEHALF OF CONSUMERS IS CONSIDERED UNDER THE FOLLOWING SUBJECTS: MINIMUM QUALITY STANDARDS FOR PRODUCTS AND SERVICES--RETAILERS' LIABILITY; MINIMUM QUALITY STANDARDS FOR PRODUCTS--MANUFACTURERS' LIABILITY; TITLE, RISK, AND PERFORMANCE; AND CONSUMER CREDIT. THE PRIVATE LAW IS DEMONSTRATED TO BE AN INADEQUATE TOOL FOR CONSUMER PROTECTION, BECAUSE THE RELEVANT LEGAL PRINCIPLES ARE OFTEN BIASED AGAINST CONSUMERS, AND ONLY THOSE WHO CAN AFFORD EXPERT LEGAL COUNSEL CAN EXPECT TO USE PRIVATE LAW TO PROTECT THEIR INTERESTS AS CONSUMERS. IN THE AREA OF PUBLIC CONTROL ON BEHALF OF CONSUMERS, BROAD STATUTORY STANDARDS ARE DISCUSSED, AND PUBLIC REGULATION THROUGH THE PROVISION OF INFORMATION, PRODUCT STANDARDS, CONTROL OF TRADE PRACTICES, AND PRIOR APPROVAL BY LICENSING ARE DISCUSSED. PUBLIC GOVERNMENT CONTROLS ARE CONSIDERED THE BEST PROTECTION FOR CONSUMERS, ALTHOUGH CERTAIN WEAKNESSES IN THE SYSTEM OF PUBLIC REGULATION ARE NOTED. TABLES OF STATUTES FOR THE UNITED KINGDOM AND FOREIGN JURISDICTIONS ARE PROVIDED, ALONG WITH TABLES OF STATUTORY INSTRUMENTS AND CASES FROM THE UNITED KINGDOM. FOOTNOTES AND AN INDEX ARE ALSO INCLUDED. (RCB)