Cross-Border Consumer Contracts

Hardcover | October 23, 2008

byJonathan Hill

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Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements. Technological changes (in terms of international travel, means of communication and information technology)have meant that it is a more frequent occurrence for consumer contracts to involve a cross-border dimension. This book explores the legal regimes which seek to deal with disputes which arise out of such cross-border consumer contracts. In terms of private international law, English law traditionally treated consumer contracts no differently from commercial contracts. However, at European level,jurisdictional and choice of law issues arising out of certain consumer contracts are subject to specific rules. The first part of the book focuses on these European developments and seeks to explain why the private litigation model for the resolution of disputes arising out of cross-borderconsumer contracts has failed to deal adequately with the problems generated by such contracts. Subsequent to these failures, alternative mechanisms for resolving contractual disputes have a particular significance in the consumer context. The second part of the book focuses on an evaluation ofthese alternative dispute resolution mechanisms, including online dispute resolution.

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Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements. Technological changes (in terms of international travel, means of communication and information technology)have meant that it is a more frequent occurre...

Jonathan Hill studied law at the Universities of Birmingham (LLB) and Cambridge (LLM). He was appointed to a lectureship at the University of Bristol in 1984. He was promoted to a readership in 1991 and to a personal chair in 1996. His has written extensively in the field of private international law and was a member of the editori...

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Format:HardcoverDimensions:464 pages, 9.21 × 6.14 × 1.22 inPublished:October 23, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199276544

ISBN - 13:9780199276547

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Table of Contents

1. Introduction2. The Incidence of Cross-Border Consumer Litigation3. Cross-Border Consumer Litigation: Jurisdiction Rules4. Consumer E-Commerce: Jurisdiction Rules5. Improving Civil Justice: European Developments6. Recognition and Enforcement of Judgments7. Dispute-Resolution Agreements8. Litigation in the Public Interest9. Alternative Dispute Resolution: Introduction10. The Promotion of Alternative Dispute Resolution in Europe11. Alternative Dispute Resolution and Online Dispute Resolution12. Consumers' Substantive Rights and Choice of Law13. Conclusions