Journal article

Consumer Redress legislation: Simplifying or Subverting the Law of Contract

E Bant, JM Paterson

Modern Law Review | Wiley-Blackwell Publishing | Published : 2017


© 2017 The Author. The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights and remedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of private law with different principles and rules applying to commercial and consumer transactions. Coherence in the law requires that lawyers abandon their traditional ‘oil and water’ a..

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