Download PDF by Peter Cartwright: Consumer Protection and the Criminal Law: Law, Theory, and

By Peter Cartwright

ISBN-10: 0511039883

ISBN-13: 9780511039881

ISBN-10: 0521590809

ISBN-13: 9780521590808

To what quantity should still felony legislation be used to guard the shopper? Peter Cartwright evaluates the function of felony legislation sanctions in buyer safety from an financial and social viewpoint. during this very important new research the writer examines the rationales for safeguarding shoppers, and considers the function that felony ideas play in satisfying those. moreover, he analyzes legal legislation doctrines comparable to strict, company, and vicarious legal responsibility, and means that they require re-assessment. This research should be of curiosity to teachers, undergraduate and post-graduate scholars in addition to attorneys.

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Example text

103 Some commentators have examined distributive justice from the perspective of a transfer from trader to consumer on the assumption that the latter is the weaker party. 104 However, this can be criticised as masking more subtle 98 99 100 101 102 103 104 Ramsay, Rationales, p. 57. Ogus, Regulation, pp. 46–51. V. George and P. Wilding, Ideology and Social Welfare (New York, Harvester Wheatsheaf, 1994), cited in Ogus, Regulation. See J. Meade, The Intelligent Radical’s Guide to Economic Policy (London, Allen and Unwin, 1975).

Consumer protection rationales 29 distinctions. By treating consumers as a homogeneous entity who all deserve the same kind of protection, the law may fail to recognise the huge differences between consumers. By improving the position of consumers as a whole, we may not see a distribution to the most needy groups within the consumer collective. 107 Distributive justice and vulnerability. 108 In a recent report for the OFT, Ramil Burden argues that consumers may be vulnerable for two reasons. 109 Burden identifies seven vulnerable groups, namely the elderly, the young, the unemployed, those with a limiting, long-standing illness, those in low-income households, members of ethnic minorities, and those with no formal educational qualifications.

127 This suggests that when decisions are made, they are not always made with a perfectly clear head, with full knowledge of all the facts, and in the absence of pressure. 129 Thus, the role of the law should be to try to identify those choices which we would have made were we not subject to those influences. This is not totally convincing. 130 However, we must nevertheless consider how preferences are formed and decisions are made in order to decide whether the decision should stand. Classical theory recognises that certain factors, such as threats or fraud, will make a transaction involuntary.

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Consumer Protection and the Criminal Law: Law, Theory, and Policy in the UK by Peter Cartwright

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