ABSTRACT

So far we have concentrated mostly on ensuring that the law works well for those who have negotiated agreements. Sometimes we have seen that one party may lack bargaining power, so needs extra protection, and often that party is a consumer. We have already seen some ways in which the law is effective in helping individuals who are not in a position to assess and modify the terms of a contract. This is a very important aspect of the modern law of contract, as it is there for all, not just as a framework for trading. This protection of the consumer has been accomplished in two main ways:

through the common law, over a long period, as cases involving individual difficulties have been taken to court

through Acts of Parliament, the law recognising that common law alone was not enough, and that the consumer needed clearer rights which were more easily enforceable.