Literature Review Poster<\/p>\n
Introduction<\/p>\n
This literature review focuses on the topics of consumer protection in the United Kingdom. It has two sections:<\/p>\n
The history and evolution of customer protection in the UK<\/p>\n
The current status of consumer protection in the United Kingdom<\/p>\n
History and Evolution of Consumer Protection <\/p>\n
The development of the consumer protection regime began in the 17th century.<\/p>\n
During the pre-industrial era, production and consumption were low, so consumer protection was not greatly relevant<\/p>\n
The doctrine of caveat emptor was developed, advocating that customers should look after themselves.<\/p>\n
During the industrial revolution (18th century), consumptions grew, necessitating more robust consumer protection rules.<\/p>\n
During the era of industrial society (19th century), case law for consumer protection developed in England.<\/p>\n
During the 20th century, mass production emerged and increased consumption, leading to further developments in consumer protection laws.<\/p>\n
Source: Khan, Muhammad 2017<\/p>\n
Current Status of Consumer Protection in the UK<\/p>\n
Regulatory Divergences <\/p>\n
The reforms in consumer protection legislation will cause different divergence before, after, and even without Brexit.<\/p>\n
Before Brexit <\/p>\n
Objectives and scope of the Consumer Rights Act 2015 and the Consumer Rights Bill 2015 will diverge <\/p>\n
Divergences will be seen in privity of contracts, the supply of services and digital content, unfair contract terms, sale of gift vouchers, and transparency in contracts,<\/p>\n
After Brexit <\/p>\n
Language and concepts utilised<\/p>\n
The structure of consumer protection law<\/p>\n
The interpretation of the domestic provisions of the law<\/p>\n
Without Brexit <\/p>\n
Models of consumer protection adopted<\/p>\n
Modes of mapping amendments against the existing legal framework<\/p>\n
Source: Kelly 2018<\/p>\n
Reforms in Consumer Protection within Brexit <\/p>\n
Introduction of new digital consumer protection rules<\/p>\n
Revision of rules that impact digital service supply<\/p>\n
Increased transparency obligations on online endorsements and reviews<\/p>\n
Improved enforcement and penalty regime.<\/p>\n
Integration of the digital content directive<\/p>\n
Changes in consumer contracts for online sales of goods<\/p>\n
Sources: Nahon 2019; Wessing 2016<\/p>\n
Consequences of Brexit on Consumer protection<\/p>\n
Consequences examined from three models:<\/p>\n
EEA model<\/p>\n
WTO mode;<\/p>\n
Tailor-made agreement model<\/p>\n
Consequences based on the first model – UK membership of EEA will lead to the implementation of high consumer protection standards.<\/p>\n
Brexit provisions for strengthening UK sovereignty will incompatible with the EEA agreement, making consumer protection complex<\/p>\n
Consequences based on the second model -difficulties in interpreting EU consumer protection directives. Uncertainties of conflict-of-laws, enforceability, and jurisdiction.<\/p>\n
Consequences based on the last model- failure to achieve harmonisation of consumer protection standards provided by both the EFTA and EU<\/p>\n
Source: Kramme 2017<\/p>\n
Consumer Protection In Financial Services <\/p>\n
UK has consumer protection legislation with explicit references to financial services<\/p>\n
Also has consumer protection regulations outlined within the financial section legislations framework.<\/p>\n
Consumer protection regulation prevents market failure in the financial sector.<\/p>\n
Conclusion<\/p>\n
The literature review has focused on two areas: the evolution of consumer protection and the current status of consumer protection in the UK. <\/p>\n
Bibliography<\/p>\n
Khan, Muhammad A \u2018The origin and development of consumer protection laws in united kingdom\u2019 (2017) 3 (3) Journal of Asian and African Social Science and Humanities (ISSN 2413-2748) 38-52.<\/p>\n
Kramme, Malte F \u2018Consequences of Brexit in the area of consumer protection\u2019 GPR: (2017) 14 (5) Journal of European Union Private Law 210-222.<\/p>\n
Kelly, C \u2018Consumer reform in Ireland and the UK: Regulatory divergence before, after and without Brexit\u2019 (2018) 47 (1) Common Law World Review 53-76.<\/p>\n
Nahon, L \u2018Consumer law reforms will impact UK regardless of Brexit\u2019 (15 Nov 2019) Out-Law Analysis Pinsent Masons https:\/\/www.pinsentmasons.com\/out-law\/analysis\/consumer-law-reforms-will-impact-uk-regardless-of-brexit.<\/p>\n
Wessing T \u2018UK Consumer law in the wake of the EU referendum (17 Jul 2016) University of Oxford, Faculty of Law https:\/\/www.law.ox.ac.uk\/business-law-blog\/blog\/2016\/07\/uk-consumer-law-wake-eu-referendum.<\/p>\n","protected":false},"excerpt":{"rendered":"
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