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Consumer Sales Remedies in US and EU Comparative Perspective


ISBN13: 9781780686516
Published: August 2018
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £59.00



Despatched in 6 to 8 days.

This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties.

Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner.

Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only.

Subjects:
Consumer Law
Contents:
Table of contents and preliminary pages
Chapter 1. Introduction
Chapter 2. Hierarchy of Remedies - so different and yet so alike
Chapter 3. Self-Help
Chapter 4. Notification Duties
Chapter 5. Conclusion