The Cambridge Law Journal

Table of Contents - July 2012 - Volume 71, Issue 02  

Articles

GENERAL CLAUSES AND THE COMPETING ETHICS OF EUROPEAN CONSUMER LAW IN THE UK

Chris Willetta1 c1

a1 Professor of Commercial Law, University of Essex.

Abstract

EU ‘general clauses’ on fairness offer significant potential for improved consumer protection. However, the Supreme Court has interpreted the unfair terms general clause and a related provision by reference to an underlying ethic of self interest and self reliance'; and the same approach is possible under the unfair practices general clauses. This is a significant threat to consumer protection. A more protective ethic may be intended at EU level; and a particular line of argument may be needed to persuade the Supreme Court of this.

Key Words:

  • Consumer law;
  • EU general clauses;
  • fairness ethics;
  • Supreme Court

Correspondence:

c1 Address for correspondence: Professor Chris Willett, University of Essex, Law School, Wivenhoe Park, Colchester CO4 3SQ. Email: cwillett@essex.ac.uk

Footnotes

Thanks are due to Professors Roger Brownsword and Hans Micklitz and to anonymous reviewers for comments on an earlier draft.