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Contra Emptor Interpretation-Protecting Service Providers from EU Law

Willett, C (2014) 'Contra Emptor Interpretation-Protecting Service Providers from EU Law.' In: Purnhagen, K and Rott, P, (eds.) Varieties of European Economic Law and Regulation: Liber Amicorum for Hans Micklitz. Studies in European Economic Law and Regulation . Springer, 709 - 732. ISBN 978-3-319-04902-1

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Abstract

UK courts and legislators display a tendency to interpret EU consumer protection rules in a manner that prioritises regulation of business processes over direct regulation of the substantive consequences of these processes. The result is that consumers are afforded a lower level of consumer protection than may have been intended and, indeed, we might say that service providers are protected from consumers. I label this ?contra emptor? interpretation: an approach to interpretation of law that protects the stronger party. This stands in contrast to the ?contra proferentem? interpretation principle which is traditionally applied to documents to protect the weaker, rather than the stronger, party.

Item Type: Book Section
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 30 Jan 2015 14:52
Last Modified: 17 Aug 2017 17:41
URI: http://repository.essex.ac.uk/id/eprint/12491

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