{"product_id":"consumer-theories-of-harm-an-economic-approach-to-consumer-law-enforcement-and-policy-making-9781509951963","title":"Consumer Theories of Harm: An Economic Approach to Consumer Law Enforcement and Policy Making","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eIt has long been thought that fairness in European Consumer Law would be achieved by relying on information as a remedy and expecting the average consumer to keep businesses in check by voting with their feet. This monograph argues that the way consumer law operates today promises a lot but does not deliver enough. It struggles to avoid harm being caused to consumers and it struggles to repair the harm after the event. To achieve fairness, solutions need to be found elsewhere. \u003ci\u003eConsumer Theories of Harm\u003c\/i\u003e offers an alternative model to assess where and how consumer detriment may occur and solutions to prevent it. It shows that a more confident use of economic theory will allow practitioners to demonstrate how a poor standard of professional diligence lies at the heart of consumer harm. The book provides both theoretical and practical examples of how to combine existing law with economic theory to improve case outcomes. The book shows how public enforcers can move beyond the dominant transparency paradigm to an approach where firms have a positive duty to treat consumers fairly and shape their commercial offers in a way that prevents consumers from making mistakes. Over time, this ‘fairness-by-design’ approach will emerge as the only acceptable way to compete.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eWorthy reading for anyone interested in consumer law and policy … The authors have asked all the right questions, and have made important steps towards finding the right answers. -- F. Esposito * Journal of Consumer Policy *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. Introduction I. The Search for Fairness  II. Origins of Theories of Harm in Competition Law  III. Using Theories of Harm in Consumer Law – A Natural Evolution  IV. Harnessing the Use of Economics in Consumer Law  V. Contents  2. The Limitations of Consumer Law in Tackling Consumer Harm  I. Introduction  II. Limitations in the Use of Information as a Mainstream Transparency Approach  III. Limitations of the Definition of the ‘Average Consumer’ Used as a Reference Point for Protection  IV. Implementation of the ‘Average Consumer’ Standard under the Unfair Commercial Practices Legislation  V. Protecting ‘Vulnerable’ and ‘Disengaged’ Consumers  VI. Limitations Found in Unfair Terms Legislation  VII. The Enforcement Framework in the UK  3. The Limitations of Competition Law in Tackling Consumer Harm  I. Introduction  II. Ex-Post Enforcement against Exploitative Abuses  III. The Case for a Holistic Approach under an Ex Ante Administrative Market Regime  IV. The Enforcement Framework in the UK  4. The Economic Framework Underpinning Consumer Theories of Harm  I. Introduction  II. Consumer Surplus  III. The Economic Case for Intervention in Consumer Markets  IV. Concluding Remarks  5. Archetypal Consumer Theories of Harm  I. Introduction  II. The Scam  III. The Lemon  IV. The Shock  V. The Subsidy  VI. Concluding Remarks  6. Applying CToHs – Case Studies  I. Case Study on the CMA Market Inquiry into Retail Energy  II. Case Study on Bank Current Accounts and Savings Accounts III. Case Study on Claims for Compensation in the Airline Industry  IV. Case Study on Allocated Airline Seating  V. Case Study on Fertility Add-Ons  7. Fairness by Design: The Introduction of a Positive Duty to Trade Fairly I. Introduction  II. Justifications for Adopting a More Prescriptive Standard of Conduct for the Protection of Consumers  III. Introducing a Positive Duty to Trade Fairly  IV. The Impact of a General and Positive Duty to Trade Fairly  V. Conclusion","brand":"Bloomsbury Publishing PLC","offers":[{"title":"Default Title","offer_id":52084994605399,"sku":"9781509951963","price":38.99,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781509951963.jpg?v=1762207839","url":"https:\/\/bookcurl.com\/products\/consumer-theories-of-harm-an-economic-approach-to-consumer-law-enforcement-and-policy-making-9781509951963","provider":"Book Curl","version":"1.0","type":"link"}