Credit, Consumers And The Law: After The Global Storm (markets And The Law)

Consumer law, particularly consumer credit law, is characterised by increasingly complex regulation in Western economies. Reacting to the Global Financial Crisis, governments in the UK, the EU, Australia, New Zealand and the United States have adopted new laws dealing with consumer credit, responsible lending, consumer guarantees and unfair contracts. Drawing together authors from all of these jurisdictions, this book analyses and evaluates these initiatives, and makes predictions as to their likely success and possible flaws. ContentsAcknowledgements Contributors Table of Cases Table of Legislation Part 1- Issues and Themes1. Consumer Law: Paternalism, Fragmentation, and Centralised Enforcement Dr Paul O'Shea, Karen Fairweather and Professor Ross GranthamPart 2- Functional Perspectives2. It's for your Own Good: Legal Paternalism and New Zealand Consumer Credit Laws Kate Tokeley3. Credit - Suitable for One or Safe for Everyone? Professor Gail Pearson 4. Responsible Lending: Consumer Protection and Prudential Regulation Perspectives Dr Onyeka Osuji5. Can Consumer Law Solve the Problem of Complexity in US Consumer Credit Products? Professor Kathleen EngelPart 3 - Responsible Lending and Financial Exclusion 6. Making Payday Loans Safer: the Australian Approach to Regulating Small and Medium Sized Loans Nicola Howell7. High Cost Credit in the United Kingdom: A Philosophical Justification for Government Intervention Jodi Gardner8. Apples and Oranges? Responsible Mortgage Lending in the UK and Australia Karen Fairweather9. Sorting the Sheep from the Wolves in Sheep's Clothing: Defining Community Development Finance Institutions as Distinct from Fringe Lenders in Efforts to Address Financial Exclusion Dr Therese WilsonPart 4 - Unfair Contract Terms10. Unfair Contract Terms Legislation: Is it Good Consumer Law? Dr Paul O'Shea11. The Fragility of Unfair Terms Law on Bank Charges: Towards a Complex Re-Litigation in the UK? Professor Mel Kenny and Professor James Devenney 12. The Regulation of Unfair Terms in Non-Professional Suretyship Agreements: Lessons for the Wider European Union Harmonization Agenda Professor James Devenney and Professor Mel KennyIndex Consumer Law: Paternalism, Fragmentation, And Centralised Enforcement / Paul O'shea, Karen Fairweather And Professor Ross Grantham -- It's For Your Own Good : Legal Paternalism And New Zealand Consumer Credit Laws / Kate Tokeley -- Credit : Suitable For One Or Safe For Everyone? / Gail Pearson -- Responsible Lending : Consumer Protection And Prudential Regulation Perspectives / Onyeka Osuji -- Can Consumer Law Solve The Problem Of Complexity In Us Consumer Credit Products? / Kathleen Engel -- Making Payday Loans Safer : The Australian Approach To Regulating Small And Medium Sized Loans / Nicola Howell -- High Cost Credit In The United Kingdom : A Philosophical Justification For Government Intervention / Jodi Gardner -- Apples And Oranges? : Responsible Mortgage Lending In The Uk And Australia / Karen Fairweather -- Sorting The Sheep From The Wolves In Sheep's Clothing : Defining Community Development Finance Institutions As Distinct From Fringe Lenders In Efforts To Address Financial Exclusion / Therese Wilson -- Unfair Contract Terms Legislation : Is It Good Consumer Law? / Paul O'shea -- The Fragility Of Unfair Terms Law On Bank Charges: Towards A Complex Re-litigation In The Uk? / Mel Kenny And James Devenney -- The Regulation Of Unfair Terms In Non-professional Suretyship Agreements : Lessons For The Wider European Union Harmonization Agenda / James Devenney And Mel Kenny. Edited By Paul O'shea, Karen Fairweather, Ross Grantham. Includes Bibliographical References And Index. Drawing together authors from a variety of jurisdictions, this book analyses and evaluates these initiatives, and makes predictions as to their likely success and possible flaws.