Fairness in Consumer Contracts

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Release : 2016-12-05
Genre : Law
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Book Rating : 391/5 ( reviews)

Fairness in Consumer Contracts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Fairness in Consumer Contracts write by Chris Willett. This book was released on 2016-12-05. Fairness in Consumer Contracts available in PDF, EPUB and Kindle. This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.

Wrap Contracts

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Release : 2013-09-09
Genre : Law
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Book Rating : 115/5 ( reviews)

Wrap Contracts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Wrap Contracts write by Nancy S. Kim. This book was released on 2013-09-09. Wrap Contracts available in PDF, EPUB and Kindle. When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.

Unfair Contract Terms Law in Australia

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Author :
Release : 2011
Genre : Consumer contracts
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Book Rating : 089/5 ( reviews)

Unfair Contract Terms Law in Australia - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Unfair Contract Terms Law in Australia write by Jeannie Marie Paterson. This book was released on 2011. Unfair Contract Terms Law in Australia available in PDF, EPUB and Kindle. This new and timely work provides up-to-date and detailed analysis of the new Unfair Contract Terms Law (UCTL) that was introduced as part of the Australian Consumer Law reforms of 2010, and which took effect in each state and territory from 1 January 2011. The UCTL represents a radical change in consumer protection law and in contract law. In Unfair Contract Terms Law in Australia experienced author and senior lecturer Dr Jeannie Paterson explains the operation of the UCTL and considers the implications for standard boilerplate terms in consumer contracts. The work also examines the background to the reforms and utilises precedents drawn from similar regimes that have operated in Victoria and the UK. UNFAIR CONTRACT TERMS IN AUSTRALIA will be highly useful for litigation purposes and compliance work. It will appeal to competition, consumer and commercial solicitors and barristers as well as regulators involved in drafting, reviewing and enforcing standard form consumer contracts. Traders dealing with consumers will find this work invaluable as they review their contracts to ensure compliance with the legislation. UNFAIR CONTRACT TERMS IN AUSTRALIA is a vital resource for the adjustment to, and ongoing compliance with, the new law.

Principles of Law of Software Contracts

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Release : 2007
Genre :
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Book Rating : /5 ( reviews)

Principles of Law of Software Contracts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Principles of Law of Software Contracts write by . This book was released on 2007. Principles of Law of Software Contracts available in PDF, EPUB and Kindle.

Consumer Law and Economics

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Release : 2020-08-31
Genre : Law
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Book Rating : 289/5 ( reviews)

Consumer Law and Economics - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Consumer Law and Economics write by Klaus Mathis. This book was released on 2020-08-31. Consumer Law and Economics available in PDF, EPUB and Kindle. This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.