The Abuse of the “Confident Consumer” as a Justification for EC Consumer Law

A reference to the need to create confident cross-border consumers who can contribute to the strengthening of the internal market has often been used as one of the main arguments for EC consumer policy and legislation. The argument has been presented in order to justify both the creation of a minimum safety net for consumers (the minimum confidence argument) and the current turn towards more total harmonisation of consumer protection (the harmonised confidence argument). In the paper these lines of argument are critically evaluated with reference to common sense knowledge about the behaviour of consumers as well as on the basis of Eurobarometer data concerning consumer confidence. In this light the substantive minimum harmonisation measures which have been justified with reference to the need for promoting consumer confidence seem only to a limited extent relevant with respect to the creation of such confidence. The current turn towards total harmonisation most certainly cannot be justified in this way. Other substantive measures, facilitating the access to a counterparty, would be more important in order to create consumer confidence in cross-border shopping, but the Community has almost systematically avoided adopting such measures.     

“Social force majeure” — A new concept in Nordic consumer law

Empirical research from various countries indicates that overindebtedness of consumers is, to a considerable extent, attributable to unexpected changes in the consumer's situation caused by illness, unemployment, and other such circumstances. It is therefore relevant to discuss whether and in what way such circumstances should be taken into account in the rules of private law. In Nordic (especially Finnish) legislation, mainly from the 1980s, there are several provisions which provide for mitigation of sanctions against a defaulting consumer if the delay is caused by illness, unemployment, etc. Such rules are contained, inter alia, in the legislation on consumer credit and on interest on delayed payments.On the basis of these provisions as well as some practices developed by the consumer authorities, a general principle of social force majeure is seen to be evolving. This doctrinal principle would enable the courts and other decision-makers to take into account unfavourable changes in the consumer's health, work, housing, and family situation in cases not regulated by specific legislation, e.g., by giving the consumer the right of withdrawal from burdensome contracts in such circumstances or to protect his right to retain electricity and telephone connections in spite of his temporary payment difficulties. The principle is expected to carry increasing weight in the future, especially in the practice of the consumer authorities. Strong arguments speak in favour of the general acceptance of such a principle.

---

Wirtschaftliche Unmöglichkeit aus sozialen Gründen — eine neue Rechtsfigur in den Nordischen Staaten

Zusammenfassung Empirisch-rechtssoziologische Untersuchungen aus verschiedenen Ländern kommen zu dem Ergebnis, daß Verschuldung und Zahlungsunfähigkeit von Verbrauchern zu einem großen Teil auf unerwartete Umweltänderungen zurückzuführen sind, etwa Krankheit, Arbeitslosigkeit und ähnliches. Es ist deshalb wichtig zu diskutieren, ob und in welcher Weise solche Umstände bei der Anwendung von Privatrechtsvorschriften berücksichtigt werden sollen. In den Nordischen Staaten, insbesondere in Finnland, gibt es seit den achtziger Jahren gesetzliche Vorschriften, die eine Abmilderung von Sanktionen gegen in Verzug geratene Schuldner vorsehen, wenn der Verzug auf Krankheit, Arbeitslosigkeit usw. zurückgeht. Diese Regeln finden sich im Recht des Konsumentenkredits und der Verzugszinsen. Auf der Basis dieser Vorschriften entwickelt sich eine neue Rechtsfigur der wirtschaftlichen Unmöglichkeit aus sozialen Gründen. Dieser Grundsatz würde es Gerichten und anderen Entscheidungsträgern ermöglichen, nachteilige Veränderungen der Gesundheit, Arbeitswelt, Haushalt und Familie des Verbrauchers auch in noch nicht gesetzlich geregelten Bereichen zu berücksichtigen, z.B. durch Gewährung eines Auflösungsrechts bei übermäßig belastenden Verträgen oder durch Schutz seines Rechts auf Versorgung mit Elektrizität und Telefon trotz zeitweiliger Zahlungsschwierigkeiten. Es wird erwartet, daß sich dieses Prinzip in Zukunft verstärkt durchsetzen wird, insbesondere in der Praxis von Verbraucherschutzbehörden. Wichtige Argumente sprechen für die allgemeine Anerkennung dieses Prinzips.

---

---

Thomas Wilhelmsson is Professor of Civil and Commercial Law at the Institute of Private Law, Faculty of Law, University of Helsinki, Vuorikatu 5, SF-00100 Helsinki, Finland, and a member of the Finnish Market Court.     

Sequencing and the Adding-up Property in Contingent Valuation of Endangered Species: Are Contingent Non-Use Values Economic Values?

This paper presents tests of the theoretical validity of the contingent valuation (CV) method. The validity of CV is especially a concern when involving environmental goods with a predominant non-use value. One test of theoretical validity is the adding-up property that implies that a specific good should be equally valued irrespectively of it is being valued directly or built-up sequentially. In this CV study four independent sub-samples stated willingness to pay for the same composite good, or package, using different sequences. One sub-sample valued the composite good directly, while two sub-samples faced built-up sequences valuing first subsets of this composite good. A fourth sub-sample valued the composite good from a dividing-out approach, facing first the valuation of a larger multi-package. Theoretically expected sequencing effects were observed; the subset goods obtained higher values earlier in a sequence, and the dividing-out approach decreased the stated value for the composite good. Most importantly, these CV data did pass the tests of the adding-up property.     

Fetal Iodine Deficiency and Schooling: A Replication of Field,Robles, and Torero (2009)*

Scholars have theorized that congenital health endowment is an important determinant of economic outcomes later in a person's life. Field, Robles, and Torero (2009, American Economic Journal: Applied Economics 1, 140–169) find large increases in educational attainment caused by a reduction of fetal iodine deficiency following a set of iodine supplementation programs in Tanzania. We revisit the Tanzanian iodine programs with a narrow and wide replication of the study by Field et al. We are able to exactly replicate the original results. We find, however, that the findings are sensitive to alternative specification choices and sample restrictions. We try to address some of these concerns in the wide replication; we increase the sample size fourfold, and we improve the precision of the treatment variable by incorporating new institutional and medical insights. Despite the improvements, no effect is found. We conclude that the available data do not provide sufficient power to detect a possible effect, as treatment assignment cannot be measured with sufficient precision.     

The mortality among industrial insured lives in Norway 1931–1940

Abstract

Industrial insurance was introduced in Norway in 1903 by The Norwegian Life Insurance Company FRAM which was alone in this branch of life insurance activity until 1918, when The Life Insurance Company Norske Folk adopted industrial insurance also. Later on other companies too have started industrial insurance, but Fram is still by far the largest industrial insurance company in Norway, and to-day works with industrial insurance with weekly, monthly and daily premiums (calendarpremium).     

The business model in entrepreneurial marketing: A communication perspective on business angels' opportunity interpretation

Entrepreneurial marketing has emerged as a recent perspective within the marketing field, taking the challenges and characteristics of small firms and founding teams into account. Specifically, in the early stages of entrepreneurial marketing, besides potential customers a variety of other stakeholders tend to be in the center of attention. Among these stakeholders, business angels as early-stage investors represent a vital target group. In this paper, we aim to shed light on entrepreneurial marketing in the early phases of new venture creation, in which entrepreneurial firms have an inherent need to market the value of a business opportunity toward potential investors. In particular, we contribute to the literature by introducing the business model as a narrative device for the marketing of early-stage new ventures toward potential business angels. In this regard, the business model is suggested as playing a critical role through making the inherent economic value of a technology explicit. Building on narrative theory, we investigate the role that the business model plays in the decision-making process of 17 business angels. Based on our findings, we propose a model that links the business model to a business angel's interpretation of an investment opportunity and discuss implications for theory and practice.     

Is fairness blind?—The effect of framing on preferences for effort-sharing rules

This paper uses a choice experiment to study citizens' preferences for effort-sharing rules for reducing carbon dioxide emissions. For a given global cost and level of emission reduction, we study the willingness to pay for various rules that imply different distributions of the cost between EU, the US, China and Africa. The focus of this paper is on the use of two different treatments, one where the respondents were informed about the country (or country group) names and one where the names were replaced with anonymous labels A-D. This allows us to test whether people's preferences for effort-sharing rules depend on the framing of the problem. We find that the ranking of the rules and the strength of the preferences are not significantly different between the two treatments, and hence we find no evidence of ingroup bias in preferences for effort-sharing rules.     

The income effect and supplier induced demand. Evidence from primary physician services in Norway

A much debated issue within the health economic literature is whether physicians can induce demand for their services. The relationship between physicians' ‘nonpractice income’ and supply of primary physician services in Norway is examined. It is argued that, if inducement exists, physicians with a low nonpractice income who work in municipalities where competition for patients is high, compensate for lack of patients by inducing demand. This model is adapted to the institutional setting of the Norwegian primary physician services, where there is a fixed fee schedule. The analyses were performed on a large set of data, encompassing all primary care physicians in Norway who are remunerated per item of treatment. Data on output in practice were merged with information about nonpractice income from the tax forms of the physician and her/his spouse. In municipalities with high physician density, nonpractice income had no effect on the number of consultations per physician, or on the number of treatment items per consultation. The results are interpreted as evidence against the inducement hypothesis.     

Enhancing Security Through Efficiency Focus—Insights From a Multiple Stakeholder Pilot Implementation

Efficiency and security are often regarded as opposing factors in transport operations, with increased security causing decreased efficiency. The use of information technology holds the promise of enabling improved efficiency in freight transport operations and this article suggests and elaborates on the proposition that “An increased focus on efficiency will result in improved security for carrier operations.” The research for this article involved a literature review, the collection of empirical data through one in‐depth case study, and elaboration on a proposition through a field pilot implementation. The selected focus was carrier operations in connection with port terminals carrying out RoRo operations on trailers. The article explores and describes how measures to increase efficiency result in increased security.