Module LAWM089 for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Postgraduate Module Descriptor
LAWM089: Consumer Protection
This module descriptor refers to the 2021/2 academic year.
Module Aims
The module aims to provide a critical understanding of the goals and instruments of consumer law, the emergence (and the tensions) of this ‘Europeanised’ regime, an overview of the realignment initiatives in this area and a deeper understanding of the enforcement issues (public and private as well as resort to ADR and ODR). The module aims to enable students to understand, assess and critically address the issues at stake in this area.
| On successfully completing the programme you will be able to: | |
|---|---|
| Module-Specific Skills | 1. demonstrate deep, systematic and critical understanding of the role, aims and underlying principles of Consumer law; 2. demonstrate detailed knowledge and understanding of the goals and instruments of Consumer law; 3. identify, explain, assess and analyse issues arising in the areas of Consumer law and identify and apply relevant legal rules and theories to those issues. |
| Discipline-Specific Skills | 4. demonstrate a high level of ability in selecting, integrating and presenting, coherently and reflectively, relevant law and legal/theoretical arguments; 5. demonstrate a high level of ability in integrating and assessing information from a wide variety of primary and secondary legal sources, using this to produce reasoned arguments and analysis in relation to legal issues. |
| Personal and Key Skills | 6. demonstrate effective, confident and autonomous ability to manage relevant learning resources/ information/ learning strategies, and develop your own reasoned arguments and opinions; and 7. communicate and engage in debate effectively and accurately, in a manner appropriate to the discipline and context. |
Module Content
Syllabus Plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- introduction to the issues of consumer protection in context (relation contract-consumer law; competition – consumer law; the role of consumer behaviour; harmonisation of consumer law; consumer notions; concept of mixed contracts; average and vulnerable consumers);
- issues revolving around the consumer contract’s conclusion; discussion of consumer protection against unfair commercial practices;
- issues of consumer protection in conclusion of contracts with regard to adhesion contracts, standard terms and conditions; examination of the concept of unfairness of contract terms, as well as the consequences of such unfairness;
- regulation with regard to the conclusion of specific, popular consumer contracts, such as contracts of sale and contracts pertaining to travel; information rights, right of withdrawal, non-conformity and individual remedies; air passenger rights; package travel;
- consumer protection when the deal goes wrong; regulations with regard to product safety and liability as well as with regard to enforcement of consumer rights;
- impact of the digitalisation of the market on consumer protection;
- issues related to promoting sustainable consumption through consumer protection measures.
Learning and Teaching
This table provides an overview of how your hours of study for this module are allocated:
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 270 | 0 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching activities | 15 | 10 x 1.5 hour lectures |
| Scheduled learning and teaching activities | 15 | 10 x 1.5 hour seminars |
| Guided independent study | 150 | Preparation for seminars |
| Guided independent study | 120 | Preparation of formative and summative assessments |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
See in particular the Web pages of the EU Commission on: http://ec.europa.eu/consumers/index_en.htm
Case law of the European Court of Justice available at: http://curia.eu
Other Learning Resources
Westlaw, Lexis, Eurlex
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay (case note) | 2,500 words | 1-7 | Written and oral |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
| Coursework | Written exams | Practical exams |
|---|---|---|
| 90 | 0 | 10 |
...and this table provides further details on the summative assessments for this module.
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 90 | 4,500 words | 1-7 | Written |
| Participation | 10 | Submitting a substantive contribution on the discussion forum or in the consumer news section on at least 5 separate occasions (in different teaching weeks, on different discussion topics) further guidance as to what constitutes substantive will be provided to students at the beginning of the module. | 1-7 | Written |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (4,500 words) | 1-7 | August/September re-assessment period |
| Participation | Written comment on a recent development in consumer law (500 words) | 1-7 | August/September re-assessment period |
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
Basic reading:
For each week, a reading list is posted on ELE indicating the mandatory and recommended reading materials, which may be looked up either in the CURIA database (see link below) or through the University of Exeter Library databases.
Further, these textbooks may provide students with some general knowledge on consumer protection:
T Wilhelmsson & G Howells, Consumer Law (Edward Elgar 2019)
Ch Twigg-Flesner, Research Handbook on EU Consumer and Contract Law (Edward Elgar 2016)
N Reich et al, European Consumer Law (2nd ed, Intersentia 2014)
S Weatherill, EU Consumer Law and Policy (2nd ed, Edward Elgar 2014)
I Ramsay, Consumer Law and Policy (3 rd Ed, Hart 2012);
