Consumer Redress Legislation: Simplifying or Subverting the Law of Contract

32 Pages Posted: 7 Sep 2017

See all articles by Elise D. Bant

Elise D. Bant

University of Melbourne - Law School

Jeannie Marie Paterson

University of Melbourne - Law School

Date Written: September 2017

Abstract

The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights and remedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of private law with different principles and rules applying to commercial and consumer transactions. Coherence in the law requires that lawyers abandon their traditional ‘oil and water’ attitudes to legislative schemes and confront directly the interactions between these two bodies of law. This paper engages in that enquiry by considering the relationship between the relatively new consumer redress provisions in the Consumer Protection from Unfair Trading Regulations 2008 and general law principles.

Keywords: coherence, consumer, consumer redress, contract, legislative design, statutory interpretation

Suggested Citation

Bant, Elise D. and Paterson, Jeannie Marie, Consumer Redress Legislation: Simplifying or Subverting the Law of Contract (September 2017). The Modern Law Review, Vol. 80, Issue 5, pp. 895-926, 2017. Available at SSRN: https://ssrn.com/abstract=3033341 or http://dx.doi.org/10.1111/1468-2230.12292

Elise D. Bant (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Jeannie Marie Paterson

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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