A theory of consumer contract law

Thesis

This thesis develops a comprehensive theory of consumer contract law. It offers a significant and original contribution to the field of contract theory, particularly regarding the connection between consumer contracts and personal autonomy.

Those studying contract and commercial law should be sensitive to the distinction between consumer and non-consumer contract cases, as relationships between sellers and consumers present unique legal concerns. Despite the importance of this distinction, the various components of consumer contract law are rarely examined through a unified theoretical framework. This thesis addresses this lacuna by exploring the philosophical foundations of consumer contract law.

After providing a broad definition of consumer contract law, this thesis critically evaluates two prominent functional approaches: the fairness explanation and the efficiency explanation. Building on this critique, the thesis proposes a new functional framework centred on fostering consumer autonomy, drawing inspiration from Joseph Raz’s philosophy on personal autonomy. This framework is further refined by considering the tradeoffs in autonomy amongst consumers and the challenges in establishing enforcement priorities within consumer contract law.

Authors: Kwok, KHF

• DOI: 10.5287/ora-qqemjv1bn
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Subjects: Jurisprudence; Consumer contracts; Contracts