Litigation and the consumer interest; the class action and beyond

Abstract

The enjoyment of traditional as well as new social rights presupposes mechanisms for their effective protection. Such protection, moreover, is best assured by a workable remedy within the framework of the judicial system.[M. Cappelletti]Acts and regulations are of little value unless they are observed. A major cause of consumer weakness in the past has lain in the inadequate enforcement of the many laws in his favour. [Molony Report, 1962, para. 869]The statute book bears eloquent testimony that the law has been regarded as an appropriate vehicle for protecting the consuming public. The Molony Report, 1962, has borne much legislative fruit and, 20 years later, enthusiasm for legislation in the consumer interest does not appear to be waning.