Christian Twigg-Flesner

• Professor of International Commercial Law at University of Warwick

This book analyses the transformation of consumer law and policy in Europe from four perspectives: first, the temporal transformation, ie, changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, ie, changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values;...

On 30 January 2020, in response to the globalisation of COVID-19, the World Health Organization declared a Public Health Emergency of International Concern. The deadly outbreak has caused unprecedented disruption to travel and trade and is raising pressing legal questions across all disciplines, which this book attempts to address. The aims of th...

An unprecedented number of consumer problems has been caused by the COVID-19 pandemic, not least with regard to refunds of prepayments and the ability of consumers to keep up their monthly payments under loan and rental agreements. Based on a notion of societal force majeure sketched in this paper, we propose guiding principles in respect of the in...

On the occasion of the 40 years anniversary of the Journal of Consumer Policy (SpringerNature), the editors share their view of the next decade's most important topics in consumer policy and law.

The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Cons...

The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Cons...

The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Cons...

The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Cons...

For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has bee...

For many years, legislators around the world have responded to the particular needs of consumers by introducing dedicated rules for consumer sales contracts. In the European Union, a significant push came through the adoption of the Consumer Sales Directive (99/44/EC). Elsewhere in the world, legislation focusing on consumer sales contracts has bee...

This paper examines the topical question as to whether non-tangible products such as apps and other software not supplied on a tangible medium (should) qualify as products under EU Product Liability Directive. It addresses the relevant questions posed by the European Commission, which has recently announced an evaluation of the said Directive with...

This book is the product of a unique collaboration between Mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese Contract Law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around th...

In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU's consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU consumer l...

Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly.

The EU has had a significant impact on the regulation of private relationships between traders and consumers, but this has been without differentiating between those situations which involve a cross-border element, and those which are purely domestic. This paper queries whether this ‘one size fits all’ approach is appropriate, and suggests that the...

For more than 25 years, the European Union (EU) and its legal predecessor, the European Community, have adopted legislation directly aimed at improving the position of consumer who wish to take advantage of the opportunities offered by the internal market. This legislation generally deals with selected issues only, such as the provision of pre-cont...

Purpose This paper aims to explore the way in which informational asymmetries between the two parties to a contract for the sale of goods are dealt with under two legal regimes designed for transnational sales contracts: the UN Convention on the International Sale of Goods (CISG) and the proposed Common European Sales Law (CESL). Design/methodolog...

The focus of this chapter is on the process of “harmonising” Commercial (Contract) Law as a key means of promoting cross-border transactions between businesses. One key question appears to have not been considered adequately with many harmonisation initiatives: what is in the best interests of business? Business, whether domestic or transnational,...

This paper considers the shortcomings of the established practice of creating EU Consumer Law through directives which harmonise selected aspects of national law. It is argued that this approach has failed to provide a suitable legal framework to support cross-border consumer transactions. It then goes on to develop an alternative approach. First,...

The development of European Union (EU) Consumer Law has reached an important watershed. After decades of piecemeal harmonisation of selected aspects of Consumer Law, it seems the moment has been reached where the future of EU Consumer Law may lie somewhere other than in further harmonisation of national law. The trigger has been the shift in respon...

Following 25years of legislative activity in the field of consumer law, the EU has proposed major reforms to the consumer law acquis. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This paper argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulati...

KeywordsTransnational consumer law-International consumer law-Services-Goods

The purpose of this chapter is to concentrate on the development of the Acquis Principles (ACQP) on pre-contractual duties (particularly precontractual information duties) and their inclusion in the "final" Draft Common Frame of Reference (DCFR) - 2009 version. In doing so, there will first be a brief overview of the challenges involved in drafting...

This Companion is about European Union private law (EUPL). It concentrates on the impact of European Union (EU) legislation and case law on private law. The field of ‘private law’ is broad and covers such fundamental areas as contract, tort and property law, but also includes family law, the law of succession and others. It is the law that governs...

Consumer Guarantees are commonly given by a manufacturer, and also increasingly retail sellers, whenever certain types of goods are supplied to consumers. They are usually free, and offer an alternative basis for a consumer to seek a remedy if goods develop a fault. They are essentially an integral part of the marketing and competitive strategies o...

The European Commission's proposal for a directive on consumer rights ("pCRD") marks the culmination of a lengthy review process. The pCRD would be a significant change to the landscape of EU Consumer Law, replacing the directives on doorstep selling, distance selling, unfair terms and consumer sales with one new coherent measure. The acquis commun...

This paper examines and discusses the provisions on consumer sales contract in the proposed EU Consumer Rights Directive. It also discusses the English Law Commission's proposals on consumer remedies for faulty goods. It adopts a critical, yet constructive tone.

The "Acquis Principles" is an attempt to re-state European Union private law in a coherent and principled fashion. The work will feed into the Draft Common Frame of Reference. In this paper, the author shares his personal reflections on participating in the process of drafting some of the Acquis Principles. As well as the strengths, he also identif...

This chapter analyses the law on guarantees and repair work. It considers the extent to which the law in the United Kingdom provides that a consumer can request that faulty goods be repaired. Although recent legal changes have the effect of introducing repair as a consumer right, its availability is restricted. In many cases when goods are faulty,...

The purpose of this paper is to examine the implementation of the Unfair Contract Terms Directive (93/13/EEC) in the United Kingdom, taking particular account of judgments in cases involving the Unfair Terms in Consumer Contracts Regulations 1994 and 1999. Although the Directive has been effective in the UK for more than a decade, there have not be...

This paper focuses on the role of standard terms in the context of international commercial law. Although in many ways not a altogether new feature of contract law, the abortive attempt by the European Commission to promote European-wide action in this area as part of its general initiative on a European Contract Law has provided a fresh impetus fo...

Both authors are members of the Acquis Group. As part of the work towards a Common Frame of Reference on European Contract Law (CFR), the Acquis Group is examining the existing rules of EC private law to identify which (if any) principles may form the basis of these measures. This work will complement the comparative work undertaken by the Study Gr...

Without Abstract

Recent consumer policy initiatives, primarily at the domestic, but also at the European, level have emphasised the need to ensure that consumer law not only protects consumers, but also encourages competition and supports innovation. The purpose of this paper is to offer some preliminary thoughts on the relationship between consumer protection and...

SECOLA Annual Conference 2005 – ‘Standard Contract Terms in Europe’ Prague, 17/18 June 2005

A well-known problem for consumers is the difficulty of evaluating the quality of goods before making a purchase and using the goods. This problem has many facets: consumers may not be able to establish the overall level of quality to be expected from a particular brand, or product sector; furthermore, consumers will usually find it difficult to es...

THE RELATIONSHIP BETWEEN SATISFACTORY QUALITY AND FITNESS FOR PURPOSE - Volume 63 Issue 1 - Christian Twigg-Flesner

This paper proposes a system of liability for quality defects which is based on five key principles: fairness, giving effect to consumers' legitimate expectations, ensuring the quick and efficient provision of redress, rationality, and avoidance of circuity. The system of exclusive seller liability is examined and rejected. Instead, the authors pro...

Thesis (Ph.D.)