Credit, Consumers and the Law

Contents

Acknowledgements

Contributors

Table of Cases

Table of Legislation

Part 1- Issues and Themes

1. Consumer Law: Paternalism, Fragmentation, and Centralised Enforcement
Dr Paul O’Shea, Karen Fairweather and Professor Ross Grantham

Part 2- Functional Perspectives

2. It’s for your Own Good: Legal Paternalism and New Zealand Consumer Credit Laws
Kate Tokeley

3. Credit – Suitable for One or Safe for Everyone?
Professor Gail Pearson

4. Responsible Lending: Consumer Protection and Prudential Regulation Perspectives

Dr Onyeka Osuji

5. Can Consumer Law Solve the Problem of Complexity in US Consumer Credit Products?
Professor Kathleen Engel

Part 3 - Responsible Lending and Financial Exclusion

6. Making Payday Loans Safer: the Australian Approach to Regulating Small and Medium Sized Loans
Nicola Howell

7. High Cost Credit in the United Kingdom: A Philosophical Justification for Government Intervention

Jodi Gardner

8. Apples and Oranges? Responsible Mortgage Lending in the UK and Australia

Karen Fairweather

9. 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 Wilson

Part 4 - Unfair Contract Terms

10. Unfair Contract Terms Legislation: Is it Good Consumer Law?
Dr Paul O’Shea

11. 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 Kenny

Index