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Consumer Protection

Module description

This module explores the theoretical and historical underpinnings of consumer protection, but mainly focuses on how it operates (and fails to operate) today, informing you about consumer rights and traders’ obligations in various consumer transactions. It will provide an introduction to the substantive law of consumer sale, product liability, travel contracts, unfair commercial practices, unfair contract terms, dispute resolution, and consumer credit. The module also explores the application of consumer law to emerging technologies. Moreover, this module familiarises you with the need to consider economic and behavioural research findings when critically analysing the effectiveness of adopted consumer protection measures. LAWM089 Consumer Protection is particularly suited to students with a specialisation in Commercial Law and an interest in commercial practice, corporate governance and/or behavioural studies.

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 develop your 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 from year to year, it is envisaged that the syllabus will cover some or all of the following topics:

• 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;
• impact of the digitalisation of the market on consumer protection;
• issues related to promoting sustainable consumption through consumer protection measures.

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

Basic reading:

For each week, a reading list is posted on ELE indicating the mandatory and recommended reading materials, which may be looked up either in the CURIA database (see link below) or through the University of Exeter Library databases.

Further, these textbooks may provide students with some general knowledge on consumer protection:

T Wilhelmsson & G Howells, Consumer Law (Edward Elgar 2019)

Ch Twigg-Flesner, Research Handbook on EU Consumer and Contract Law (Edward Elgar 2016)

N Reich et al, European Consumer Law (2nd ed, Intersentia 2014)

S Weatherill, EU Consumer Law and Policy (2^nd ed, Edward Elgar 2014)

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

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

Key words search

Consumer law, consumer behaviour, digital market, fairness, vulnerability