Question: “Whenever the European Community agrees a new consumer Directive the government generally implements it in the form of Regulations, which then have to lie uncomfortably alongside pre-existing domestic legislation. The government is, by so doing, taking a short-sighted approach to a long-term problem. The government’s approach leads to complexity and inconsistency and those areas of law affected are in need of a complete overhaul”.
Critically analyse this statement with reference to: Unfair terms.
Answer: “Laws are generally not understood by three sorts of person, viz., by those that make them, by those that execute them, and by those that suffer if they break them”. In 1975 the European Commission’s first draft proposal on unfair terms in consumer contracts appeared but it was nearly twenty years before the contents of the Directive were finally agreed and the UK introduced the Directive by means of the Unfair Terms in Consumer Contracts Regulations 1994. The Directive has attracted a fair amount of interest and its implementation in the UK has been the subject of much comment. In particular from the decision to implement the Directive by way of Regulations which are left to stand alongside the Unfair Contract Terms Act 1977 without any attempt to ‘repeal, modify or secure......(short extract)
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Details: - Mark: 66% | Course: Commercial Law | Year: 2nd/3rd | Words: 3065 | References: Yes | Date written: January, 2004 | Date submitted: October 10, 2008 | Coursework ID: 17
