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Consumer Sales Remedies in US and EU Comparative Perspective

Author: Sanne Jansen
Publisher: Cambridge : Intersentia, 2019.
Edition/Format:   eBook : Document : EnglishView all editions and formats
Summary:
This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties. Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very  Read more...
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Details

Additional Physical Format: Print version
Material Type: Document, Internet resource
Document Type: Internet Resource, Computer File
All Authors / Contributors: Sanne Jansen
ISBN: 9781780687629 1780687621
OCLC Number: 1097156489
Notes: Title from publisher's bibliographic system (viewed on 04 Feb 2019).
Description: 1 online resource : PDF file(s).
Other Titles: Consumer Sales Remedies in US & EU Comparative Perspective
Responsibility: Sanne Jansen.

Abstract:

This book is an in-depth study of the US and EU approaches towards consumer sales remedies. It does not limit itself to a mere comparison of the hierarchy of consumer sales remedies but covers the topic comprehensively, also examining (extra)judicial application of remedies and notification duties. Whereas EU rules prescribe a very strict hierarchy of remedies that are often misunderstood by consumers, and are very favourable towards the remedy of specific performance (or performance in kind), in the US a strong preference for damages can be found. This means that consumers often do not know which remedy they are exactly entitled to or how to invoke it in a correct manner. Learning from both systems, Consumer Sales Remedies in US and EU Comparative Perspective provides a valuable and insightful contribution to the discussion of what the organisation of remedies should look like to best protect consumers. It is written at a time when the EU is considering a 'new' consumer sales Directive, and US scholars are working on the restatement of consumer contract law. It proposes to give consumers a free choice, limited by good faith and proportionality only. Dr Sanne Jansen is a judicial trainee in Antwerp, Belgium and research fellow at the Institute for the Law of Obligations at KU Leuven, Belgium. She is a member of the editorial board of the DCCR and TBH.

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