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(European) Consumer Law

Module description

All of us are consumers. Most of us do not know our consumer rights. In this course, we will study consumer protection measures, which have been adopted in the UK due to the influence of EU law, i.e. consumer protection: against unfairness (misleading advertising; adhesion contracts); in popular consumer contracts (sale and travel sector); through performance standards (product safety and liability); and its enforcement (private; public; ADR; ODR). During seminars we will analyse the effectiveness of the adopted measures, partially through insights from behavioural economics. Therefore, this module is for students interested in interdisciplinary studies and already familiar with foundations of EU law and contract law.

Module aims - intentions of the module

This module aims at providing you with a thorough understanding of the consumer protection issues that led to the adoption of specific rules in the area of contract law. The focus of the course will be on the development of EU consumer law and policy that guided UK law-making in the area of consumer protection, which is unlikely to be influenced by Brexit. Since consumer behaviour should influence consumer policymaking, you will be introduced to the interplay between findings of consumer behaviour and adopted consumer protection measures. The module aims to give you the necessary legal, theoretical and contextual background in order to analyse effectively the rationales, application and limits of consumer protection measures. This is relevant for both academic purposes and the ability to engage critically with law in context, which is significant not only for future legal practice (consumer law allows you to better understand commercial parties’ obligations towards their customers), but also for ensuring that you know your rights as a consumer and are able to enforce them and advise others in your environment on these issues.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. Demonstrate a comprehensive knowledge and a thorough understanding of the main areas of European consumer law ;
• 2. Identify, explain and critically evaluate the main legal instruments of European consumer protection and their interpretation given in the case law of the European Court of Justice
• 3. Demonstrate critical awareness of a wide range of social, moral, pragmatic and economic implications of regulating European consumer law;
• 4. Compare, analyse and synthesise the principal rules and theories relating to consumer protection.

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 5. Demonstrate comprehensive knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and explain the relationships among them, as well as their limits
• 6. Demonstrate comprehensive knowledge of legal concepts and their contextual, social and commercial implications
• 7. Apply legal knowledge to a problem/ case study and to suggest a conclusion supported by relevant arguments.
• 8. Integrate and assess information from primary and secondary legal sources using appropriate interpretative techniques

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 9. Manage relevant learning resources/ information and to develop own arguments and opinions with minimum guidance;
• 10. communicate and engage in debate effectively and accurately, orally and in writing, in a manner appropriate to the discipline;
• 11. Identify, retrieve and use efficiently a range of library-based and electronic resources with minimum guidance.
• 12. Work independently, within a limited time frame, and without access to external sources, to complete a specified task.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

• the introduction to the issues of consumer protection in context (relation contract-consumer law; competition – consumer law; the role of consumer behaviour; harmonisation of consumer law; consumer notions; concept of mixed contracts; average and vulnerable consumers);
• issues revolving around the consumer contract’s conclusion; discussion of consumer protection against unfair commercial practices;
• issues of consumer protection in conclusion of contracts with regard to adhesion contracts, standard terms and conditions; examination of the concept of unfairness of contract terms, as well as the consequences of such unfairness;
•  regulation with regard to the conclusion of specific, popular consumer contracts, such as contracts of sale and contracts pertaining to travel; information rights, right of withdrawal, non-conformity and individual remedies; air passenger rights; package travel;
• consumer protection when the deal goes wrong; regulations with regard to product safety and liability as well as with regard to enforcement of consumer rights.

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Re-assessment notes

If the exam is failed, and the module cannot be condoned, the student will take a 2 hour and 15 minute exam which will be capped at the pass mark (40%)

Indicative learning resources - Basic reading

• I. Ramsay, Consumer Law and Policy (3^rd Ed., Hart, 2012);
• H.-W. Micklitz, P. Rott and K. Tonner, European Consumer Law (2^nd ed., Intersentia, 2014)
• H.-W. Micklitz, J. Stuyck, E. Terryn, Cases, Materials and Text on Consumer Law (Hart Publishing, 2010)

Indicative learning resources - Web based and electronic resources

Case law of the CJEU will be assigned per every lecture and workshop 

Indicative learning resources - Other resources

blog: www.recent-ecl.blogspot.com

Key words search

Consumer law; contract law; European law; behavioural economics; private law; law in context