This book presents a detailed analysis of the function of consumer product guarantees and the related legal issues. It applies research findings from the fields of consumer complaining behaviour, marketing science and economics to the legal context. Its central argument is that guarantees could be one way of assisting consumers in resolving product quality disputes. Consumers tend to seek to resolve such disputes informally by complaining, rather than by seeking to go through the courts or structured forms of alternative dispute resolution. Such complaints can be supported by encouraging reliance on consumer product guarantees, particularly where consumers also enjoy strong legal rights. With this in mind, the book develops a legal framework for consumer guarantees, which is based on two key principles: fairness and transparency. There then follows an analysis of English and EC provisions on guarantees, as well as of relevant US law. Particular consideration is given to the relationship between consumer guarantees and statutory rights.
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'It is commonly assumed that the function of manufacturers' guarantees is primarily to raise consumer expectations as to the quality of the product and, only secondarily, to signal the guarantor's willingness to respond to complaints. In this valuable and timely commentary, Dr Twigg-Flesner reverses this assumption to elaborate a legal framework designed to support the potential offered by guarantees as a focus for informal complaint and redress.' Roger Brownsword, University of Sheffield, UK 'The book deals, among other things, with two important themes (out of court consumer dispute resolution and consumer guarantees) which are very important in terms of consumer and contract law scholarship...The book contains interesting and important insights as to the current legal framework and the way in which it might be developed to provide an improved framework for effective use of consumer guarantees in informal dispute resolution.' Chris Willett, De Montfort University, UK '...this is a most welcome addition to the literature on an important but hitherto rather neglected area. As well as excellent legal analysis, the interdisciplinary approach is welcome and useful.' Journal of Consumer Policy 'Twigg-Flesner noted the paucity of academic examination of this area of law. This book has undoubtedly taken a lengthy step towards redressing the imbalance...it remains a detailed and...well reasoned examination of the subject and essential reading for any practitioner or academic working in this area of law.' Mountbatten Journal of Legal Studies 'Written by a leading academic consumer lawyer, Consumer Product Guarantees provides an interesting and thorough account of the law...Impressively, [it] is extremely well written...[it] is a ground-breaking, accessible and authoritative account of this area of law. It sublimely combines empirical research with statutory provisions and commentary. It is also well-written allowing it to be accessible to both academics, practition