Module description
Throughout the module, we adopt a dual theoretical framework. Consumer law and practice will be assessed, first, through the lens of an economic analysis of law. On that basis, consumer law can (only) be justified if and to the extent that it addresses a form of market failure. One example would be Akerlof’s ‘market for lemons’ in respect of standard contract terms. Secondly, this analysis will be contrasted for each topic with an approach based on ‘fairness and justice’, resulting in a justification of consumer law based on an inequality of bargaining power.
This dual standard of assessment will be applied to a broad range of consumer protection measures across a number of different areas of law at domestic level, and, where applicable, at EU level.
Starting with general consumer contract law, we will cover the issue of unfair standard contract terms, information duties in consumer contracts, fiduciary duties, as well as specific marketing techniques such as doorstep selling and distance selling, in particular through the internet.
As for specific types of contracts, we will discuss sale of goods (quality of goods), consumer credit, and agency contracts. In respect of torts, we will focus on product liability and consumer safety. We are mindful of any potential overlaps with the core contract law and tort law modules. However, our methodological approach to and level of analysis of these issues will be very different.
We will then move on to explore the interface and interaction of consumer protection law with competition law, in particular in the context of unfair commercial practices, advertising and trade descriptions, as well as with corporate law, where the exercise of consumer rights may have an impact on a company’s constitution.
The final area is the issue of enforcement of consumer law at domestic and international level, through public bodies that pursue the consumer interest, international networks of consumer associations, as well as consumers’ access to justice and alternative dispute resolution.
The aim is twofold: students should be able to advise consumers to effectively enforce their rights; as well as businesses to market their products and services in a cost efficient way on a global basis without infringing mandatory consumer protection law.
Key/Transferable Skills
In class discussion based on readings and presentations will be key parts of the module. The former will help students develop oral communication skills while the latter will require them to learn how to work as part of a group of researchers. Both skills will be emphasised trough the mooting experience. The module will draw on a range of resources (literature, electronic and print media, and audio-visual materials) and students will learn to critically evaluate with these resources. Each seminar will end with a reflection on where that week’s materials fit with the overall objectives of the course and students will be encouraged to reflect on their learning each week.
Practical Skills
A range of practical skills will be developed including solving legal problems, the presentation of legal arguments both orally and in written form and the necessary skills to engage in collaborative research. The module aims to develop skills that will be of benefit to those students who seek to enter professional practice after their degree, and those who would prefer a policy-orientated focus, such as the civil service. The module should also be of benefit to students who seek to proceed to a higher (research) degree (through the longer written project).
Assessment details
Examination (50%) and 4,500-word essay (50%)