Expanding the Boundaries of Liability for Quality Defects

This paper proposes a system of liability for quality defects which is based on five key principles: fairness, giving effect to consumers' legitimate expectations, ensuring the quick and efficient provision of redress, rationality, and avoidance of circuity. The system of exclusive seller liability is examined and rejected. Instead, the authors propose that a manufacturer should be directly liable to a consumer. Furthermore, where a manufacturer utilises a distribution network, the members of such networks should also be directly liable to the consumer, but have a right of indemnity against the producer. The authors consider the conceptual justifications and deal with likely difficulties of such a system of liability. Their conclusions are that the system of liability they propose would entail a change of attitude to the way liability for quality defect is allocated, but would accord with the five key principles this discussion is based on.     

Time to Do the Job Properly—The Case for a New Approach to EU Consumer Legislation

Following 25 years of legislative activity in the field of consumer law, the EU has proposed major reforms to the consumer law acquis. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This paper argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. This argument will consider the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. It will be argued that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods/services across borders, while not upsetting domestic law unnecessarily, in particular in the context of e-commerce.     

JCP Book Notes ‘Law’ 2/2011

Book Notes

JCP Book Notes ‘Law’ 2/2011