This research focuses on online payment methods which are premised on electronic funds transfer. It is a general discourse that the use of online payment methods is risky. It is held that the fear of fraud and abuse of a payment system is at the focal point of such risk. Banks which provide these payment systems are usually not prepared to negotiate with their prospective customers. Resultantly, banks contract out of the risk associated with online payments, specifically the liability for unauthorized electronic funds transfers. This culminates in bank’s customers bearing the majority of that risk as a result of the bank-customer contract. Some of the laws applicable to this relationship also ascribe to the notion above. They burden bank’s customers solely with the liability of the use of their cards until notification to the bank of its theft or misuse. This shows a completed disregard of the nature of how online payment methods operate. Such imposition of liability is excessively one-sided in favour of the banks and detrimental to the bank’s customers. Ultimately, the scope of application of the current applicable consumer protection laws is limited by factors such as non-applicability to juristic persons or limitation based on asset value for those that do. This thus denotes a large segment of online payment methods users who cannot avail themselves to measures of protection provided for by the current applicable consumer protection laws. The research aims to avert the issues as demonstrated above, provide clarity in pursuit of equity and compliance, plus a comprehensive consumer protection approach for online payment methods users. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Mercantile Law / LLM / Unrestricted

This thesis addresses the consumer protection regime in the United Arab Emirates (UAE) against damages posed by defective industrial products, unfair business practices and misleading advertising. Nowadays, unfair and deceptive practices such as the selling of defective or sub-standard goods, the charging of exorbitant prices, misrepresentation of the efficacy or usefulness of goods, and negligence as to safety standards have become rampant. Accordingly, it has become necessary to promote the development and refinement of statutory measures, even in developed countries, to make producers/traders more accountable to consumers. This thesis examines the legal grounds on which consumer protection stands within the newly enacted legal framework for consumer protection in the UAE. In addition, this thesis elaborates upon relevant regulations provided by UAE legislators as well as related laws in selected Arab countries. It further investigates the adequacy of administrative authorities’ measures in the UAE, and explains whether respective administrative rules are capable of compensating consumers for material and physical damages incurred. It also explores the inadequacies of the administration’s measures and rules, and highlights the importance of integration between administrative bodies in achieving a sufficient level of protection for consumers. The findings of this thesis are based on a detailed review of specific issues in consumer protection models in the Shari’a law and the United Kingdom (UK) model. Thus, it will refer to solutions devised by Islamic Shari’a law and the UK legal system to provide more comprehensive protection to consumers and strengthen their position in relation to that of traders. The study suggests that there is a need to amend the consumer protection in the UAE. It indicates a need for the unified, effective and meaningful implementation of consumer protection legal and administrative procedures in the UAE, and emphasizes that the non-governmental consumer protection association must be given a wider and legal role in supporting the governmental bodies. These findings may help in improving the current consumer protection regime in the UAE as well as reducing infringements committed by traders. This thesis concludes by making recommendations for drafting a comprehensive set of rules in the UAE in the hopes that such recommendations will contribute effectively toward the development of a consumer protection regime in the UAE.

Electronic commerce was expected to grow exponentially, but the actual rate of growth in recent years has been disappointing. Recent surveys of perceptions of the development of electronic commerce clearly focus our attention on the perception and fear of computer crime as the major cause of this disappointing growth pattern. The thesis critiques existing private law solutions to this problem and argues from a normative theory on “the commons” for the application of new public law enforcement solutions in the public trust, sanctions, and public coproduction of order. The thesis argues that given the failures of existing private law solutions to the problem, these public law enforcement solutions should be more effective, efficient, and more satisfactory.

The main purpose of this thesis is concise description of consumer protection law in Czech republic and its comparison with the legislation in United States of America in selected legal question - warranty. In the first part of the thesis there are defined the general issues related to the consumer protection law and briefly described the development of consumer protection law not only in Czech republic, but also abroad and one part of the thesis is also dedicated to the sources of current czech consumer protection law. Next part is dealing with the impacts of new amendments to the law of consumer protection law. In the last, comparative part, we are comparing selected legal issue of warranty in czech and United States of America legal system.

Patients who have undergone treatment that has included the surgical implantation of a prosthetic device can become dissatisfied for many reasons. One cause for dissatisfaction is any adverse event where there is a demonstrable causal nexus with the failure of a device that is defective or at risk of being so. The magnitude of therapeutic product failure is considerable and therapeutic goods such as Vioxx, Thalidomide, silicon-gel-filled breast implants, contaminated blood products, cardiac pacemakers and valves, and orthopaedic devices are testimony to this. Many of these events have exposed a greyish area of Australian law that balances medical negligence with consumer protection and contract law. Australian product liability legislation that regulates the use of therapeutic goods is a complex amalgam of law that has at its foundations the Trade Practices Act 1974 (Cth) and the Therapeutic Goods Act 1989 (Cth). When a surgical device fails there can be exposure to liability. This thesis explores those important issues that can impact on individuals or on organisations and it is evident that where issues of product liability concern implanted surgical devices the current regulations for consumer protection may not always be the most appropriate. It is evident that there is a culture of under-reporting of adverse events to a Therapeutic Good Administration that does not have the resources to investigate the cause for failure of a surgical device. Furthermore, there is a potential for bias and conflict of interest in an environment where the regulator depends on the regulated for the funding of its existence. Other issues include the complex and often undesirable consequences of those partnerships that can evolve with the development of an implantable device and with the undertaking of clinical trials, the role of the learned intermediary, that interface between manufacturer and consumer, and the role of the expert witness, that interface between justice and injustice. These and other matters that can significantly influence any debate of implantable surgical device product liability are explored and recommendations are made that might form the basis of a Therapeutic Goods (Safe Medical Devices) Amendment Act.

Traditional redress mechanisms such as litigation and traditional alternative dispute resolution generally fail to strengthen consumer confidence in e-commerce. Rather they may represent an additional source of uncertainty. In particular litigation fails to offer the certainty the consumer seeks. To date, neither European nor American courts have found reliable criteria for determining Internet jurisdiction and have failed to provide consistency in their decisions. In addition, uncertainty arising from unclear concepts on the enforcement level and the high volume of disputes with low monetary value have led to the development of online ADR providers that allow individuals from across the world to settle disputes. Both online mediation and online arbitration serve consumers as appropriate instruments to enforce their rights arising out of online disputes. They are designed for disputes with small monetary value and are capable of overcoming jurisdictional obstacles. On the enforcement level, online arbitration based on the New York Convention provides the consumer with a powerful tool on global level. Online consumer arbitration can ensure a maximum of enforceability if the consumer arbitration rules of online ADR providers incorporate the requirements of the New York Convention. In addition or instead of online ADR, businesses increasingly rely on other dispute avoidance and dispute settlement instruments in order to promote consumer confidence. Some of those models employed by e-commerce companies succeed in promoting trust, while others do so only to a limited extent. In particular, mandatory credit card chargeback regimes give consumers an effective and quick means of disputing a transaction with a merchant at almost no cost. On the other hand, escrow services seem to be less appropriate for the typical small amount e-commerce transaction mainly since consumers are generally not willing to pay the added costs for the use of the escrow service for the average small amount transaction. Trustmark and seal programs provide the potential to give guidance to the consumer about consumer protection standards of the online seller before any damage is done and offer effective and inexpensive certification, monitoring and enforcement procedures. However, to date trustmark and seal systems have applied these powerful tools only to a limited extent. A proliferation of trustmark and seal programs make it hard for consumers to distinguish between differences in the programs and to assess their quality. Rating and feedback systems provide an immediate and inexpensive source of information to buyers about sellers and a strong incentive for good performance to repeat sellers. These systems are prone to abuse and information gathered through these systems is often unreliable. In my thesis I argue that traditional litigation no longer provides the most appropriate means of dispute settlement in the case of small amount crossborder consumer transactions. Neither do traditional ADR mechanisms provide the most convenient and efficient method of settling online consumer disputes. Online ADR and several other models of redress successfully replace traditional mechanisms since they better meet the challenges of online disputes and live up to recognised consumer protection principles. I argue that online arbitration based on international arbitration law such as the New York Convention presents a particularly viable instrument for the settlement of the average smallamount online consumer disputes. After having sketched the jurisdictional hurdles for the resolution of online disputes I analyse whether both online ADR and other trust-creating models are capable of providing an efficient and fair redress instrument for the consumer. For this purpose, the practises and policies of online dispute resolution providers are mirrored in recognised consumer protection principles and the international legal framework. Likewise the potential and limits of other trust-creating models are explored under the question of to what extent they serve the consumer as a viable instrument to impose her rights. The guiding questions of this evaluation will be if and to what extent these recently evolved institutions meet - according to their policies and practises - the challenges set up by the particularities of online consumer transactions.

Dispute resolution is an important issue for corporations. Whether the disputes are with their suppliers, employees or with consumers, managing disputes effectively is integral to healthy business risk management. While arbitration is a well-known alternative in disputes with suppliers or employees, its use is infrequent in disputes with consumers. The purpose of this thesis is to introduce arbitration as an option for alternative dispute resolution between businesses and consumers. Banking institutions, insurance companies, businesses in the securities industry and most suppliers of good and services can usefully take advantage of this tool. In our view, the legislative framework in Quebec does not create any barriers to the use of this technique, but provides for some guidelines that corporations must comply with. We hope this paper encourages companies to exercise control of the management of their disputes with consumers with the help of arbitration mechanisms that are at the same time consistent with consumers' rights as set out in Quebec legislation.

Patients who have undergone treatment that has included the surgical implantation of a prosthetic device can become dissatisfied for many reasons. One cause for dissatisfaction is any adverse event where there is a demonstrable causal nexus with the failure of a device that is defective or at risk of being so. The magnitude of therapeutic product failure is considerable and therapeutic goods such as Vioxx, Thalidomide, silicon-gel-filled breast implants, contaminated blood products, cardiac pacemakers and valves, and orthopaedic devices are testimony to this. Many of these events have exposed a greyish area of Australian law that balances medical negligence with consumer protection and contract law. Australian product liability legislation that regulates the use of therapeutic goods is a complex amalgam of law that has at its foundations the Trade Practices Act 1974 (Cth) and the Therapeutic Goods Act 1989 (Cth). When a surgical device fails there can be exposure to liability. This thesis explores those important issues that can impact on individuals or on organisations and it is evident that where issues of product liability concern implanted surgical devices the current regulations for consumer protection may not always be the most appropriate. It is evident that there is a culture of under-reporting of adverse events to a Therapeutic Good Administration that does not have the resources to investigate the cause for failure of a surgical device. Furthermore, there is a potential for bias and conflict of interest in an environment where the regulator depends on the regulated for the funding of its existence. Other issues include the complex and often undesirable consequences of those partnerships that can evolve with the development of an implantable device and with the undertaking of clinical trials, the role of the learned intermediary, that interface between manufacturer and consumer, and the role of the expert witness, that interface between justice and injustice. These and other matters that can significantly influence any debate of implantable surgical device product liability are explored and recommendations are made that might form the basis of a Therapeutic Goods (Safe Medical Devices) Amendment Act.

This research examined the development of consumer product manufacturer's liability between 1890 and 1981. h large percentage of the manufacturers were involved in monopolies, suppression of free trade, price conspiracies, and fraudulent advertisments. Negligence in design and manufacture frequently resulted in defective products. Responsible writers exposed: dangerous foods; chemicals; insecticides; unethical manufacturing methods; and numerous injuries or deaths from defective consumer products. Three periods of organized consumerism, 1890-1917, 19271941; and 1962-1981, created congressional pressure for consumer-oriented legislation. Five presidents used the power of their offices to pressure congress to protect the public. The states adopted the federal Workmen's Compensation Law of 1908 to provide assistance for individuals who suffered job-related injuries or death. Additional consumer-oriented laws enabled injured workers to sue for damages through the courts. Organized women's clubs worked through industrial representatives and congress to correct flagrant manufacturing abuses and establish standards.

Consumer protection policy measures can enable consumer behaviour shifts in favour of more sustainable choices. Whilst government is responsible for developing consumer protection policy in a particular country, business is central in the implementation of such policy. In South Africa, there is disassociation in consumer protection policy and environmental policy where consumer protection policy is the responsibility of the Department of Trade and Industry, whilst sustainability is located under the Department of Environmental Affairs. As a result, South African consumer protection policy does not holistically incorporate sustainability. A six-step qualitative research process was adopted to develop a framework to implement sustainability into consumer protection policies. First, a theoretical framework for incorporating sustainability into consumer protection policy was developed to structure the qualitative research. Four dimensions for incorporating sustainability into consumer protection were then identified. Qualitative data was collected using an open-ended questionnaire and also content analysis of existing data. Two sets of experts further reviewed and critiqued the proposed framework. The results of the qualitative enquiry, in particular, showed that for all the countries examined, some at least had sustainability consideration elements in their policies, but this was evident to a lesser extent in African countries, particularly those with less-developed economies. On the other hand, policy mechanisms that promoted sustainability were more evident in the policies and laws of developed countries. In the case of most African countries, basic needs were foregrounded as the primary concerns of consumers, ahead of sustainability concerns. Further, poverty limited consumer choices, particularly if more sustainably produced and eco-efficient goods came at a higher price. The research also underscored the importance and centrality of consumer education and stakeholder engagement for achieving sustainability policy intentions. It further confirmed that the basic needs of poor consumers in South Africa, and the impact of poverty on sustainability policy intentions must underpin the proposed framework. Factors that created an enabling environment for the implementation of the framework were identified as policy harmonisation within government policy domains, joined-up government, good corporate governance and shared value that considered the needs of future generations and consumer education. These factors would create an enabling environment for policy implementation. Consumer policy could play a key role in the choices that consumers make and, if well-designed and implemented, could direct consumer spending in support of the goal of sustainability and sustainable consumption. The proposed framework provides a foundation on which to futher refine and develop consumer protection policy that incorporates the well-being of consumers and social justice. Using consumer spending to drive sustainability requires a deliberate intention on the part of policy makers to move away from the more conventional framing of consumer policy, which has tended to focus on the economic interests of consumers, such as price, quality, choice and redress. However, modern business is shifting towards a more holistic conceptualisation of sustainability, as a value that needs to be deliberately and consciously built into the design and essence of a business. Doing so is not only good corporate citizenship, but offers a competitive advantage, which could drive product demand and attract consumers.