After the unfair Contract Terms Directive; Recent European Directives and English Law

Abstract

This paper examines the implementation into English law of three recent EC Directives; the Consumer Sales Directive, the Electronic Commerce Directive and the Unfair Commercial Practices Directive – transposition of the latter currently at a consultative stage. Although English law copes remarkably well in accommodating alien concepts and rules within its doctrinal framework, nevertheless, these Directives have generated some significant conceptual and substantive adjustments in English contract law. The recently enacted Unfair Commercial Practices Directive adds a new dimension to the impact of EC legislative activity in the area of private law. Furthermore, the ensuing regulatory complexity and incoherence arising from UK implementation obligations is a cause for concern. Particularly in the light of the EC's current project on European Contract Law.