European Consumer Law
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European Consumer Law
European consumer law concerns consumer protection within Europe, particularly through European Union law and the European Convention on Human Rights. General The Treaty on the Functioning of the European Union article 169 enables the EU to follow the ordinary legislative procedure to protect consumers "health, safety and economic interests" and promote rights to "information, education and to organise themselves in order to safeguard their interests". All member states may grant higher protection, and a "high level of consumer protection" is regarded as a fundamental right. Consumers are entitled to a legislative "charter of rights" to safe and healthy products, fair terms, proper information free from misleading advertising and marketing, and rights of cancellation. Beyond these general principles, and outside specific sectors, there are four main Directives: the Product Liability Directive 1985, Unfair Terms in Consumer Contracts Directive 1993, Unfair Commercial Practices ...
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Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. ...
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Ehrwald - SPAR Interior
Ehrwald is a municipality in the district of Reutte in the Austrian state of Tyrol. Geography Ehrwald lies at the southern base of the Zugspitze (2950 meters above sea level), Germany's highest mountain, but which is shared with Austria. The town is connected to the Zugspitze with the Tyrolean Aerial Tramway. Climate Ehrwald has a humid continental climate (Dfb DFB may refer to: * Deerfield Beach, Florida, a city * Decafluorobutane, a fluorocarbon gas * Dem Franchize Boyz, former hip hop group, Atlanta, Georgia * Dfb, Köppen climate classification for Humid continental climate * Distributed-feedback las ...) with four distinct seasons. Summers are very pleasant, with mild to warm days and cool nights. Winters are relatively cold and snowy, with average annual snowfall totalling 128 inches (325 cm). Precipitation is very reliable year round, but markedly more so during the summer months. References External links Cities and towns in Reutte District {{Tyrol-geo- ...
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Bürgerliches Gesetzbuch
The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project. The BGB served as a template in several other civil law jurisdictions, including Japan, South Korea, the Republic of China (Taiwan), Thailand, Brazil, Greece, Estonia, Latvia and Ukraine. It also had a major influence on the 1907 Swiss civil code, the 1942 Italian civil code, the 1966 Portuguese civil code, and the 1992 reformed Dutch civil code. History German Empire The introduction in France of the Napoleonic code in 1804 created in Germany a similar desire for obtaining a civil code (despite the opposition of the Historical School of Law of Friedrich Carl von Savigny), which would systematize and unify the various heterogeneous laws that were in effect in the country. However, the realization of such an attempt during the life of the German Confederation was diffi ...
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German Contract Law
German contract law is found in the Bürgerliches Gesetzbuch, in both the "Allgemeine Teil" and the chapter on "Schuldrecht". It forms part of the general law of obligations. See also *Abstraktionsprinzip *Drittwirkung Contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ... Contract law {{Germany-law-stub ...
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Information Asymmetry
In contract theory and economics, information asymmetry deals with the study of decisions in transactions where one party has more or better information than the other. Information asymmetry creates an imbalance of power in transactions, which can sometimes cause the transactions to be inefficient, causing market failure in the worst case. Examples of this problem are adverse selection, moral hazard, and monopolies of knowledge. A common way to visualise information asymmetry is with a scale with one side being the seller and the other the buyer. When the seller has more or better information the transaction will more likely occur in the seller's favour ("the balance of power has shifted to the seller"). An example of this could be when a used car is sold, the seller is likely to have a much better understanding of the car's condition and hence its market value than the buyer, who can only estimate the market value based on the information provided by the seller and their own a ...
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Bargaining Power
Bargaining power is the relative ability of parties in an argumentative situation (such as bargaining, contract writing, or making an agreement) to exert influence over each other. If both parties are on an equal footing in a debate, then they will have equal bargaining power, such as in a perfectly competitive market, or between an evenly matched monopoly and monopsony. There are a number of fields where the concept of bargaining power has proven crucial to coherent analysis, including game theory, labour economics, collective bargaining arrangements, diplomatic negotiations, settlement of litigation, the price of insurance, and any negotiation in general. Calculation Several formulations of bargaining power have been devised. A popular one from 1951 and due to American economist Neil W. Chamberlain is: :We may define bargaining power (of A, let us say) as being the cost to B of ''disagreeing'' on A's terms relative to the costs of ''agreeing'' on A's terms ... Stated in a ...
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Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016 it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning ’of its own kind’, and is a supranational institution. The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf ...
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Just Price
The just price is a theory of ethics in economics that attempts to set standards of fairness in transactions. With intellectual roots in ancient Greek philosophy, it was advanced by Thomas Aquinas based on an argument against usury, which in his time referred to the making of any rate of interest on loans. It gave rise to the contractual principle of '' laesio enormis''. Unjust price: a kind of fraud The argument against usury was that the lender was receiving income for nothing, since nothing was actually lent, rather the money was exchanged. And, a dollar can only be fairly exchanged for a dollar, so asking for more is unfair. Aquinas later expanded his argument to oppose any unfair earnings made in trade, basing the argument on the Golden Rule. The Christian should "do unto others as you would have them do unto you", meaning he should trade value for value. Aquinas believed that it was specifically immoral to raise prices because a particular buyer had an urgent need for what ...
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Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ...
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H Collins
Hugh Collins, (born 21 June 1953) is emeritus Vinerian Professor of English Law at the University of Oxford and a fellow of All Souls College, Oxford, All Souls College. He retains the former title as emeritus after Timothy Endicott took up the professorship on 1 July 2020. Until 2013, Collins was the Professor of English Law and former Head of the Law Department at the London School of Economics. He was until 2013 the general editor for the ''Modern Law Review'', the most widely read British academic law journal. Collins was educated at Pembroke College, Oxford, Pembroke College, Oxford University, Oxford (later teaching at Brasenose College, Oxford, Brasenose College) and Harvard Law School before joining the LSE in 1991. Having a background in commercial law and contract law, Collins' most recent work has been focused on employment law and the possibility of regulating contracts for competitiveness and efficiency. The LSE Law Department was rated first in the Research Assessm ...
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UTCCD 1993
The Unfair Terms in Consumer Contracts Directive''93/13/EECis a European Union directive (then called European Economic Community directive) governing the use of surprising or onerous terms used by business in deals with consumers. National law In the United Kingdom the Unfair Terms in Consumer Contracts Regulations 1994 and the Unfair Terms in Consumer Contracts Regulations 1999 are UK statutory instruments, which implement the EU Unfair Consumer Contract Terms Directive. See also *Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) *English contract law *EU law *''OFT v Abbey National plc is a judicial decision of the United Kingdom Supreme Court relating to bank charges in the United Kingdom, with reference to the situation where a bank account holder goes into unplanned overdraft. When a bank customer uses an unplanned overdraf ...'' Notes External links *Official text oCouncil Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts E ...
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Externality
In economics, an externality or external cost is an indirect cost or benefit to an uninvolved third party that arises as an effect of another party's (or parties') activity. Externalities can be considered as unpriced goods involved in either consumer or producer market transactions. Air pollution from motor vehicles is one example. The cost of air pollution to society is not paid by either the producers or users of motorized transport to the rest of society. Water pollution from mills and factories is another example. All consumers are all made worse off by pollution but are not compensated by the market for this damage. A positive externality is when an individual's consumption in a market increases the well-being of others, but the individual does not charge the third party for the benefit. The third party is essentially getting a free product. An example of this might be the apartment above a bakery receiving the benefit of enjoyment from smelling fresh pastries every mornin ...
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