Beginning in the 1960s, state legislatures across the country enacted consumer protection acts that “were originally designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers from ‘unfair or deceptive acts or practices’ and are referred to as...

Merchant Authorized Consumer Cash Substitutes (MACCS) have existed in one form or another for hundreds of years although without a generic name. At nineteenth century American railroad construction sites far from established towns, companies paid employees with “scrip.” Coca Cola, beginning...

The growth of e-commerce in any jurisdiction cannot be divorced from the confidence of consumers in the system. Lack of confidence in the system can be directly related to ambiguity surrounding consumer rights, where there is a perceived lacuna in the law. To boost confidence in the system,...

This essay discusses the concept of loyalty in fiduciary law. It contrasts fiduciary loyalty with moral conceptions of loyalty, and argues that the distinctiveness of fiduciary loyalty is best appreciated in light of characteristic features of fiduciary relationships. The essay establishes the...

This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by...

The Brussels Ia Regulation leaves businesses no feasible option for a choice of jurisdiction in cross-border B2C contracts. The recent judgment by the European Court of Justice in the Ryanair case confirms that the Court will not tolerate any attempts to circumvent the regulatory aim of...

This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...

The public debate about smart contracts, meant as self-help remedies grounded on distributed ledger technology, is filled with alarms and high expectations. They have been praised by the tech community as infallible software able to carry out the whole contractual cycle, from formation to...

Buy now pay later ("BNPL") arrangements refer to arrangements that allow consumers to pay for goods over time while receiving such goods as if payment was made upfront. The market for BNPL arrangements in Singapore is growing rapidly, with many providers of such arrangements entering and...