This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society.
Consumer law is often constructed as purely statute-based law. However – as this collection will demonstrate – this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value.
The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women.
This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.
Table of Contents:
1. Key Themes in Landmark Consumer Law Cases, Iain Ramsay (University of Kent, UK) and Jodi Gardner (University of Auckland, New Zealand)
Part One: Common Law Foundations of Consumer Law
2. Earl of Chesterfield v Janssen: Equitable Foundations, Benjamin Douglas (University College London, UK)
3. Gardiner v Gray, David Ibbotson (University of Cambridge, UK)
4. Incorporation and Exemption Clauses in Consumer Contracts: Parker v South Eastern Railway Company, Stelios Tofaris (University of Cambridge, UK)
5. Quackery and Contract Law: The Case of the Carbolic Smoke Ball, AWB Simpson (Late of University of Michigan, USA)
6. Helby v Matthews: The ‘Great Test Case’? Iain Ramsay (University of Kent, UK)
7. Blacker v Lake and Elliot: (closing and opening) a Path for Injured Consumers in Tort before Donoghue, Emily Gordon (University College London, UCL)
8. Jarvis v Swans Tours: Can Holidays be a Human Right? Jodi Gardner (University of Auckland, New Zealand)
9. The Foundations of Corporate Criminal Responsibility in Consumer Law: Tesco Supermarkets Ltd v Nattrass in Perspective, Peter Cartwright (University of Nottingham, UK)
10. Lloyds Bank Ltd v Bundy: The Influence of the Omnibus Principle of Unequal Bargaining Power, Jeannie Marie Paterson (University of Melbourne, Australia) and Elise Bant (University of Western Australia)
11. Erven Warnink Besloten Vennootschap v J Townend & Sons (Hull) Ltd: Consumer Welfarism by the Back Door? John Murphy (Hong Kong University)
Part Two: Rethinking the Role of Consumer Law
12. Of Marginal Gains and Opportunities Missed: The Lost Landmark of Constantine v Imperial Hotels Ltd, Toni Williams (University of Cambridge, UK)
13. Abortion and the ‘Right To Choose’: The Consumer Rights Implications of Roe V Wade, Stevie Martin (University of Cambridge, UK)
14. Virginia State Board of Pharmacy v Virginia Consumer Citizens Council, Inc: Commercial Speech: Advancing the Rights of Consumers or Enhancing the Rights of Corporations? Mary Spector (SMU Dedman School of Law, USA)
15. A v National Blood Authority: An Experiment in Radical Consumer-centric Strict Liability for Products, Jacob Eisler (Florida State University, USA)
16. Failure to Protect the Vulnerable: Office of Fair Trading (Respondents) v Abbey National Plc & Others (Appellants), Christine Riefa (University of Reading, UK)
17. Bankruptcy, Housing, ‘Have Nots’, and the Limits of Legal Landmarks: Places for People Homes Ltd v Sharples, Joseph Spooner (London School of Economics, UK)
18. European Integration after Mohammed Aziz, Irina Domurath (Universidad Adolfo Ibañez, Chile) and Hans-W Micklitz (European University Institute, Italy)
19. Plevin v Paragon: Undisclosed PPI Commissions Give Rise to an Unfair Credit Relationship, Nicola J Howell (Queensland University of Technology, Australia)
20. Cake, Conflict and Consumer Law: The Significance of Masterpiece Cakeshop v Colorado Civil Rights Commission and Lee v Ashers Baking Company Ltd, Sarah Brown (University of Leeds, UK)
21. Small Claims, Big Challenges: Merricks v Mastercard, Simone Degeling (University of New South Wales, Australia), Jodi Gardner (University of Auckland, New Zealand) and Josh McGeechan (Australian Securities and Investments Commission, Australia)
