Consumer Protection against unfair Contract Terms. A comparative study between the laws of Jordan and England

      Аннотация: Consumer protection generally, and against unfair terms specifically, is no longer a matter of accessory because it concerns every person in society as well as society as a whole. This book addresses consumer protection against unfair terms in consumer contracts in the light of the JCC and the English Regulations as the main laws tackling unfair terms in Jordan and England. The book seeks to test whether Jordanian and English laws have succeeded in delivering the protection the consumer needs in the face of unfair terms. Investigating the effectiveness of a law generated to deal with unfair terms in consumer contracts entails that three main areas should be explored: the scope of protection offered by that law, the test of fairness it employs and the enforcement mechanism it deploys. Certainty and breadth are relevant here. The broader and clearer the scope is, and the plainer the test is, the more effective protection one can expect in favor of consumers. In addition, given the position of the consumer as a weak party in the contract, the effectiveness of the enforcement mechanism depends on the deployment of public enforcement besides individual enforcement.

Ключевые слова: Civil Law, consumer protection, England, Jordan, unfair terms