Consumer Protection and the Criminal Law: Law, Theory, and by Peter Cartwright

By Peter Cartwright

To what volume should still felony legislations be used to guard the patron? Peter Cartwright evaluates the position of legal legislation sanctions in purchaser safeguard from an financial and social standpoint. during this vital new learn the writer examines the rationales for safeguarding shoppers, and considers the function that criminal strategies play in gratifying those. additionally, he analyzes felony legislations doctrines corresponding to strict, company, and vicarious legal responsibility, and means that they require re-assessment. This research may be of curiosity to teachers, undergraduate and post-graduate scholars in addition to attorneys.

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Consumers often do not have the time, skills, or inclination to bargain effectively and make informed decisions accordingly. But it is in relation to enforcement costs that we see particular difficulties. Litigation is time-consuming, uncertain, and expensive, particularly as costs have traditionally been paid by the unsuccessful party. These obstacles are compounded by other factors. 58 See below, p. 20. Consumer protection rationales 17 First, many difficulties of substantive law face the consumer.

S. Atiyah, ‘Freedom of Contract and the New Right’, ch. 12 in Atiyah, Essays on Contract. T. , Harvard University Press, 1984), pp. 144–6. 34 Consumer protection and the criminal law that consumers who are guaranteed goods of satisfactory quality may be under little incentive to take care in choosing their products. This is the problem of moral hazard. One response to the criticisms that a classical theorist might make of paternalism is that classical theory is based upon the premise that consumers’ choices reflect their true wishes.

112 This applies where the consumer is affected by some unforeseen special occurrence such as illness or unemployment for which he was not at fault 110 111 112 This will, of course, depend on a number of factors, such as the community in question and the age and gender of the individual concerned. For example, recent research has found that just 10 per cent of Bangladeshi women in the UK who were aged from fifty to seventy-four years were able to speak English, while the figure for young men from the same community was 92 per cent.

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