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On the Adequacy of the Protection of Consumer Rights in the English Legal System

摘要


The English legal system has evolved over the past few decades in order to better protect the rights of the consumers while not putting the large corporations in an overly disadvantaged position. The Unfair Contract Terms Act 1977 and the more recent Consumer Rights Act 2015 were the major legislations released to fulfil this goal; the updated case law from several precedents also geared towards the protection of consumers. This essay attempts to explore the adequacy of consumer rights protection offered by the Consumer Rights Act, the Red Hand Rule, the rejection of penalty clauses, and the contra proferentem rule. It aims to explore the possible remedies for the flaws in the current system and to identify aspects of the law that may be overprotecting consumers.

參考文獻


Arvind, T.T. (2019) Contract Law. Oxford University Press, Oxford.
BAILII. (1959) Chappell & Co Ltd v Nestle Co Ltd [1959] UKHL 1. http://www.bailii.org/uk/cases/UKHL/1959/1.html.
Hobbes, T. (2002) Leviathan. Boom, Amsterdam.
Legalmax. (1930) Thompson v London, Midland and Scottish Railway Company. https://legalmax.info/conbook/index.htm#t=thompson.htm.
Legalmax. (1940) Chapelton v Barry UDC. https://legalmax.info/conbook/index.htm#t=chapelto.htm.

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