The Judicial Construction of Older Consumers’ Rights: A Qualitative Case-Law Analysis

2021 ◽  
Vol 36 (1) ◽  
pp. 159-180
Author(s):  
Michal Segal ◽  
Sagit Mor ◽  
Israel (Issi) Doron
Keyword(s):  
Older People ◽  
Qualitative Analysis ◽  
Consumer Protection ◽  
Special Class ◽  
Case Law ◽  
Court Decisions ◽  
Critical Reading ◽  
Tiered Approach ◽  
Older Consumers ◽  
Consumer Rights

AbstractCourts conceptualize and construct the phenomenon of consumer rights violations against older people in different ways. This qualitative analysis of court decisions explores the meanings that Israeli courts have attributed to the fact that the victim was an older consumer. Specific objectives include determining whether existing consumer protections for older consumers are effective, how the relevant provisions of consumer protection law are expressed in application of case law, and how courts structure the issue in their rulings. Analysis has revealed a tension between two judicial approaches: assumption of older consumers as inherently vulnerable and meriting special-class protection, versus application of general consumer protection law attending to actual plaintiffs’ or defendants’ characteristics. Critical reading of the judgments leads to construction and suggestion of a tiered approach to adjudicating consumer protection cases that protects the vulnerable older consumer without falling into a trap of unwarranted ageism.

scholarly journals IMPLEMENTATION OF CONSUMER PROTECTION ON EXECUTION OF UNREGISTERED FIDUCIARY WARRANTYAT PT.FEDERAL INTERNATIONAL FINANCE (FIF) OF BENGKULU BRANCH

2021 ◽  
Vol 11 (2) ◽  
pp. 232-243
Author(s):  
Septeddy Endra Wijaya ◽  
Slamet Muljono ◽  
Herawan Sauni
Keyword(s):  
Qualitative Analysis ◽  
International Finance ◽  
Consumer Protection ◽  
Breach Of Contract ◽  
Consumer Rights

The execution of collateral in the financing institution as contained in the UUJF is clearly made by the creditor against the debtor whose is breach of contract, in which the execution of the creditor has a permanent legal forceand legitimate. However, for unregistered warranty in accordance with UUJFwould cause conflict. One of the conflicts that arises is the unprotected consumer rights. The purpose of this research is to understand and analyze the implementation of consumer protection on execution of fiduciary Warranty which is not registered at PT.Federal International Finance (FIF) of Bengkulu Branch. The method used was empirical juridical approach, by using qualitative analysis. Result of the research mentioned that implementation of consumer protection at execution of unregistered fiduciary Warranty at PT. Federal International Finance (FIF) of Bengkulu Branch was not in accordance with the provisions of applicable legislation where the execution of PT. Federal International Finance (FIF) of Bengkulu Branch was not accompanied by a fiduciary certificate and was not through previous mediation efforts so that the execution of non-registered fiduciary warrantyviolated the rights of the debtor as a consumer.

scholarly journals Intergenerational Messages as Sign of Wisdom of Active Polish and Czech Older Learners

2021 ◽  
Author(s):  
Artur Fabiś ◽  
Arkadiusz Wąsiński ◽  
Oldřich Čepelka
Keyword(s):  
Older People ◽  
Qualitative Analysis ◽  
Family Relationships ◽  
Life Story ◽  
Meaning Of Life ◽  
Older Learners ◽  
Individual Life ◽  
Younger Generation ◽  
Ethical Reflections ◽  
Main Message

Abstract The goal of the paper is to identify the message in letters written by Polish and Czech seniors. The letters were subject to qualitative analysis. The method used was the analysis of the inspired texts—letters written by older people to the younger generation, which may become a didactic tool for the younger generations to learn from the biographies of seniors. The result of the analysis is a list of categories reflecting the main aspects dominating in the letters. These categories are: message addressed to a younger generation, important events and people in individual life story, reflection upon the meaning of life and concerns and challenges in the course of life. All the seniors express their affirmation of family, share ethical reflections on their relationships with other people and on passing. Thus, the main message of the letters is a call to cherish family relationships, nurture relations with other people and show respect to others.

Revisiting the risk of undesired appeal in investment treaty arbitration: is deference to the tribunal’s award still less likely in the ICSID context?

2021 ◽  
Author(s):  
Alexander J Marcopoulos
Keyword(s):  
Ad Hoc ◽  
De Novo ◽  
Case Law ◽  
Court Decisions ◽  
Investment Treaty ◽  
Investment Treaty Arbitration ◽  
The Way

Abstract Although they are generally not subject to appeal the way court decisions typically are, investor-State arbitration awards can be reviewed—and potentially set aside—in a number of ways and on various bases. In this respect, investor-State arbitration under the auspices of ICSID is notable in that it provides a self-contained system for the review of arbitral awards by ICSID-appointed ad hoc committees. In the period 2000–2010, this feature of the ICSID system attracted criticism as ad hoc committees appeared to be overreaching in their review of arbitral awards, exercising less deference to the tribunal’s decisions than what would be expected given the narrow bases for setting aside an award under the ICSID Convention. This article revisits the issue 10 years later, exploring whether ICSID practice has evolved in these areas and whether there remains a greater risk of unexpected de novo review by ICSID ad hoc committees. Looking at recent ICSID annulment decisions as well as the case law of arbitration-friendly jurisdictions, the article concludes that although the ICSID ad hoc committees have recently shown more restraint, they continue to interfere more with the tribunal’s reasoning and decisions than many courts exercising the same function.

scholarly journals Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

2021 ◽  
pp. 1023263X2110146
Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Case Law ◽  
Reciprocal Relationship ◽  
Court Decisions ◽  
Private Law ◽  
Mixed Result ◽  
Supreme Courts ◽  
Domestic Courts ◽  
Ease Of Access ◽  
The Eu

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

Consumer Protection in Jordanian Discount Sales: A Comparative Study with the Legislations of France, Tunisia and the United Arab Emirates

2021 ◽  
pp. 1-16
Author(s):  
Tariq Kameel ◽  
Fayez Alnusair ◽  
Nour Alhajaya
Keyword(s):  
Comparative Study ◽  
United Arab Emirates ◽  
Consumer Protection ◽  
Legal System ◽  
Judicial Practice ◽  
Consumer Rights ◽  
Market Protection ◽  
Market Intervention ◽  
Constituent Elements ◽  
Shed Light

Abstract This article compares consumer protection in the framework of discounts with the constituent elements of such sales and the relevant methods of protecting consumer rights, according to French, Emirati, Jordanian, and Tunisian legislation and judicial practice. The findings shed light on the operation of consumer rights and market protection, and argues that each legal system has developed divergent means to attain the same goal. While some legal systems have organised sales with detailed rules, others have engaged in very limited market intervention; in the latter case, consumers are prevented from enjoying an important set of rights, as consumer rights and market protection are determined by the merchants.

New Developments in Public Health Case Law

2003 ◽  
Vol 31 (S4) ◽  
pp. 86-87 ◽  
Author(s):  
Karen Smith Thiel
Keyword(s):  
Public Health ◽  
Health Effects ◽  
Case Law ◽  
Great Frequency ◽  
Court Decisions ◽  
Health Law ◽  
Public Health Law ◽  
New Developments

In recent years, public health law has seen some important court decisions. Those are presented below.In Pelman v. McDonaldS Corporation, the court dismissed a complaint filed by three children who claimed that McDonald’s practices in making and selling its products were deceptive. This deception, the children alleged, caused them to consume McDonald’s products with great frequency and become obese, thereby injuring their health. The plaintiffs pled five causes of action against McDonald’s, alleging that McDonald’s: 1) failed to adequately disclose the ingredients and health effects of its products and described their food as nutritious without disclosing detrimental health effects; 2) engaged in marketing techniques geared toward inducing children to consume their products; 3) acted negligently in selling foods high in fat, cholesterol, salt, and sugar when studies show that foods containing these ingredients cause obesity and detrimental health effects; 4) failed to warn consumers of the quantity and qualities of levels of fat, cholesterol, salt, and sugar in its products or of the detrimental health effects of such foods; and 5) acted negligently in marketing foods that were physically and psychologically addictive.

scholarly journals Withdrawing Versus not Offering Cardiopulmonary Resuscitation: Is There a Difference?

2015 ◽  
Vol 22 (1) ◽  
pp. 20-22 ◽  
Author(s):  
Simon JW Oczkowski ◽  
Bram Rochwerg ◽  
Corey Sawchuk
Keyword(s):  
Mechanical Ventilation ◽  
Cardiopulmonary Resuscitation ◽  
Health Care Providers ◽  
Case Law ◽  
Decision Makers ◽  
Court Decisions ◽  
Medical Team ◽  
Care Providers ◽  
Substitute Decision Makers ◽  
The Individual

Conflict between substitute decision makers (SDMs) and health care providers in the intensive care unit is commonly related to goals of treatment at the end of life. Based on recent court decisions, even medical consensus that ongoing treatment is not clinically indicated cannot justify withdrawal of mechanical ventilation without consent from the SDM. Cardiopulmonary resuscitation (CPR), similar to mechanical ventilation, is a life-sustaining therapy that can result in disagreement between SDMs and clinicians. In contrast to mechanical ventilation, in cases for which CPR is judged by the medical team to not be clinically indicated, there is no explicit or case law in Canada that dictates that withholding/not offering of CPR requires the consent of SDMs. In such cases, physicians can ethically and legally not offer CPR, even against SDM or patient wishes. To ensure that nonclinically indicated CPR is not inappropriately performed, hospitals should consider developing ‘scope of treatment’ forms that make it clear that even if CPR is desired, the individual components of resuscitation to be offered, if any, will be dictated by the medical team’s clinical assessment.

scholarly journals Embodiment Principles of Clearing Justice in Consumer Arbitration

2018 ◽  
Vol 4 (3) ◽  
pp. 383
Author(s):  
Azwir Agus
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Civil Law ◽  
Proof System ◽  
Court Decisions ◽  
Legal Research ◽  
Legal Principles ◽  
Verification System ◽  
Principle Of Justice ◽  
Formal Justice

The realization of the principle of justice in proving the settlement of consumer disputes through arbitration in Indonesia is equally important. Undeniable, there is a weakness of the consumer protection law, both substantial norms and formal law. This article is normative legal research that refers to norms and legal principles in the legislation or court decisions. The results show that the proof is one of the trials that plays an important role. In general, the verification system is distinguished based on civil law and common law understandings influenced by various proof system theories such as the presumption of liability principle adopted in the Indonesian consumer protection law. The principle of justice in the consumer arbitration system is different from the arbitration verification system that is universally applicable in Indonesia. The ultimate goal of choosing consumer arbitration is to get substantial justice that is more dignified and not just obtaining formal justice. 

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