In Defence of Consumer Law: The Resolution of Consumer Disputes

Abstract

Consumer law sometimes struggles for respect or even recognition. This paper argues that consumer law is a relatively autonomous sub-discipline within the larger body of contract law. It best uses broad substantive standards inter-related with procedural norms and institutions rather than the more prescriptive and precise rules of contract which courts apply on a society-wide basis. The development of industry-based consumer dispute resolution schemes is used to illustrate this view. The paper argues for the preservation of the accountable autonomy of such schemes by protecting them from judicial review for mere error of law thus maintaining their focus on the resolution of consumer disputes.

Keywords: consumer law, contract law, consumer dispute resolution