This chapter examines how comparative law arguments have been used in consumer litigation. In light of the influence of EU legislation in the field of consumer law the chapter focuses on the way English courts have referred to civilian European laws in consumer litigation. It first looks at selected UK cases on product liability, unfair terms, and unfair commercial practices to assess the extent and nature of the use of comparative law in the context of consumer litigation. It then briefly reviews how the Court of Justice of the European Union (CJEU) has used comparative law in some of its decisions. Finally, it considers the tools available which make comparative law available to practitioners.
|Title of host publication||Courts and Comparative Law|
|Editors||Mads Andenas, Duncan Fairgrieve|
|Publisher||Oxford University Press|
|Number of pages||19|
|Publication status||Published - 2015|