For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has been introduced, for example in New Zealand and Australia. This book offers a snapshot of the current state of consumer sales law in a range of jurisdictions around the globe. It provides both an overview of the law in selected jurisdictions and compares the application of these rules in the context of two case scenarios.
Table of Contents
Introduction - Comparative Consumer Sales Law - Geraint Howells, Christian Twigg-Flesner
1. Consumer Sales Law in Australia - Gail Pearson
2. Consumer Sales Law in the European Union - Mateja Durovic
3. Consumer Sales Law in Germany - André Janssen
4. Consumer Sales Law in Hong Kong - Chen Lei, Geraint Howells
5. Consumer Sales Law in People’s Republic of China - Shiyuan Han
6. Consumer Sales Law in New Zealand - Chris Nicholls
7. Consumer Sales Law in Singapore - Gary Low
8. Consumer Sales Law in the United Kingdom - Christian Twigg-Flesner
9. Consumer Sales Law in the United States - Larry A. DiMatteo
10. Consumer Sales Law In Vietnam - Nguyen Van Cuong
Geraint Howells is Chair Professor of Commercial Law and Dean of the Law School at City University Hong Kong. His expertise covers consumer law and product liability, consumer safety and tobacco regulation, and he has written, co-authored and edited many books and journal articles.
Christian Twigg-Flesner is Professor of International Commercial Law at the University of Warwick, UK. He has expertise in consumer law, the Europeanisation of contract law, the digital revolution and contract law, and the harmonisation of commercial and contract law. He has published widely on EU Consumer and Contract Law.
Hans-W. Micklitz is Professor of Economic Law, European University Institute, Italy. He has published widely in European private law, European and international consumer law and legal theory.
Chen Lei is Associate Professor and Associate Dean at the School of Law, City University of Hong Kong. He has published extensively in the areas of property law, contract law and Chinese legal history. He is an associate member of the International Academy of Comparative Law and a Fellow of the European Law Institute. Lei Chen is also a council member of the Chinese Civil Law Association and an executive council member of the Chinese Consumer Protection Law Association.
'The rise of consumption and the digital revolution give the authors of this book the opportunity to address fascinating topics on consumer sales, access to justice and enforcement of consumer law through a comparative study of different jurisdictions in Europe, America, Asia and Oceania: A trip around the world through a case-oriented approach for readers who wish to know whether the existing European and national rules are suited for either consumer sales or specific consumer goods, especially in the era of the Internet of Things.' Esther Arroyo Amayuelas, University of Barcelona, Spain
'An intriguing, up-to-date, reliable and succinct comparison of consumer sales law – providing quality standards and remedies – across the EU, especially in Germany and the UK, as well as five Asia-Pacific developed and developing economies. Country reports on two hypothetical scenarios, involving faulty cars and apps, uncover considerable convergence in the substantive "law in books", but significant divergence in "law in action" – access to justice and enforcement.' Luke Nottage, University of Sydney, Australia
'This collection is a wonderful addition to the literature on consumer sales. It provides detailed information on legal systems from around the world, including systems in Europe, Asia and Australia. The juxtaposition of two types of cases – one classical sales problem, another focusing on digital content – highlights issues that are at the heart of consumers sales law, and that will be of relevance to the further development of the field.' Vanessa Mak, Tilburg University, The Netherlands