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Consumer Protection

Module description

Consumer Law plays a critical role in the modern, integrated economy; supplying a measure of protection to the vulnerable in society, providing a framework for business in retail transactions and facilitating cross-border trade. Moreover, Consumer law in its broader context relates to free movement and Competition law.  In the EU, Consumer policy is an area of ‘shared competence’ between the EU and the Member States so you will study the tensions that this leads to (for example in the area of unfair terms), the ‘europeanisation’ of national private law which has resulted and the realignment initiatives which have been proposed/implemented (inter alia the 2011 Consumer Rights Directive, Common European Sales law and, domestically, the Consumer Rights Bill 2014). The option is particularly suited to students with a specialisation in Commercial, Contract and Competition law and an interest in commercial practice and/or corporate governance.

Module aims - intentions of the module

The module aims to provide a critical understanding of the goals and instruments of Consumer law, the emergence (and the tensions) of this ‘europeanised’ regime, an overview of the realignment initiatives in this area and a deeper understanding of the enforcement issues (public and private as well as resort to ADR and ODR). The module aims to enable students to understand, assess and critically address the issues at stake in this area.   

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

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

• 1. demonstrate deep, systematic and critical understanding of the role, aims and underlying principles of Consumer law;
• 2. demonstrate detailed knowledge and understanding of the goals and instruments of Consumer law;
• 3. identify, explain, assess and analyse issues arising in the areas of Consumer law and identify and apply relevant legal rules and theories to those issues.

ILO: Discipline-specific skills

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

• 4. demonstrate a high level of ability in selecting, integrating and presenting coherently and reflectively, relevant law and legal/theoretical arguments;
• 5. demonstrate a high level of ability in integrating and assessing information from a wide variety of primary and secondary legal sources, using this to produce reasoned arguments and analysis in relation to legal issues.

ILO: Personal and key skills

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

• 6. demonstrate effective, confident and autonomous ability to manage relevant learning resources/ information/ learning strategies and to develop own reasoned arguments and opinions; and
• 7. communicate and engage in debate effectively and accurately, in a manner appropriate to the discipline and context.

Syllabus plan

Whilst the module's precise content may vary, it is envisaged that the syllabus will include all/some of the following topics, which will be covered in this order:

• Introduction, Consumer law as an area of shared competence;
• Phenomenon of Europeanised consumer protection;
• Goals and instruments of Consumer law;
• Consumer definitions in UK and EU law: the ‘pluriform’ consumer;
• Europeanisation: Exclusion Clauses;
• Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999;
• Realignment initiatives: domestic and EU reform
• Draft Common Frame of Reference, Consumer Rights Directive 2011, Common European Sales Law, UK Consumer Rights Bill 2014;
•  Enforcement Issues: collective redress, public enforcement, Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR).

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)

Indicative learning resources - Basic reading

Ramsay, Consumer Law and Policy (3^rd Ed., Hart, 2012);

Furmston & Chuah, Commercial law (2^nd Ed., Pearson, 2013 (Chs.7 and 8);  

Indicative learning resources - Web based and electronic resources

See in particular the Web pages of the EU Commission on:  http://ec.europa.eu/consumers/index_en.htm

Case law of the European Court of Justice available at: http://curia.eu

Indicative learning resources - Other resources

Westlaw, Lexis, Eurlex