As a member state of the European Union, the United Kingdom is bound by the consumer protection directives of the EU and is required to implement them into domestic law. With the influence of EU law, domestic laws regarding consumers have expanded from their origination within the laws of contract and tort, into an independent area of law. This area of law is constantly developing and growing and has, most recently, led up to the proposal of a Consumer Rights Bill, which would cover all types of contracts under which goods are supplied. Although such a Bill would be quite beneficial, its drafting requires a number of obstacles to be overcome. This paper is aimed at outlining both the benefits and problems in drafting such legislation, only after a brief, but concise, summary of the events leading up to the proposal.
Inhaltsverzeichnis (Table of Contents)
- INTRODUCTION
- A BETTER DEAL FOR CONSUMERS (2009 WHITE PAPER)
- CONSUMER BILL OF RIGHTS
- BENEFITS OF REGULATING NON-SALE CONTRACTS
- PROBLEMS IN DRAFTING SUCH LEGISLATION
- CONLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the benefits and challenges of drafting legislation in the United Kingdom that would consolidate existing consumer laws and harmonize them with the European Union's Consumer Rights Directive. The paper first provides a brief overview of the events leading to the proposal for a Consumer Rights Bill, highlighting the need for reform in light of the evolving financial markets and consumer landscape. It then explores the advantages of enacting a comprehensive Consumer Rights Bill, which would cover both sale and non-sale contracts, providing a unified framework for consumer protection.
- Harmonizing UK consumer law with EU directives
- Consolidating and simplifying existing consumer legislation
- Benefits of regulating non-sale contracts in detail
- Modernizing consumer law to encompass digital goods and services
- Challenges in drafting comprehensive and effective legislation
Zusammenfassung der Kapitel (Chapter Summaries)
- INTRODUCTION: This chapter introduces the topic of the paper and explains the background of UK consumer law within the context of EU directives. It highlights the need for a Consumer Rights Bill to address the evolving legal landscape and complexities in consumer contracts.
- A BETTER DEAL FOR CONSUMERS (2009 WHITE PAPER): This chapter outlines the European Commission's proposal for a Consumer Rights Directive in 2008, emphasizing its aim to merge existing consumer directives and ensure harmonized rules across EU member states. It also discusses the UK government's response to this proposal, particularly the publication of the White Paper 'A Better Deal for Consumers' in 2009, which addresses the need for both immediate and long-term reforms in consumer protection.
- CONSUMER BILL OF RIGHTS: This chapter explores the UK government's proposed Consumer Bill of Rights, which aims to simplify and modernize existing sales law while incorporating the EU Consumer Rights Directive. It outlines the rationale for consolidating various pieces of legislation and removing inconsistencies between contracts of goods, services, and combined goods and services.
- BENEFITS OF REGULATING NON-SALE CONTRACTS: This chapter examines the advantages of regulating non-sale contracts with the same level of detail as sale contracts. It argues that a single piece of legislation would streamline the law, provide clarity for consumers and businesses, and offer greater flexibility for future adaptation. It also highlights the importance of modernizing the law to encompass digital products and services, ensuring consumer protection in the digital age.
Schlüsselwörter (Keywords)
This paper examines the key themes of consumer protection, European Union legislation, consumer rights, non-sale contracts, digital products, and the proposed Consumer Rights Bill in the United Kingdom. The paper explores the need for simplification, harmonization, and modernization of consumer law within the context of evolving market dynamics and technological advancements.
- Arbeit zitieren
- Samar Dehghan (Autor:in), 2010, European Commission's Directive on Consumer Rights and its Application in the UK, München, GRIN Verlag, https://www.hausarbeiten.de/document/371882
