Online Auctions and Consumer Protection in the United Kingdom and Australia: The Value of Transparency

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Author(s)
Gardner, Jodi
Kariyawasam, Kanchana
Griffith University Author(s)
Year published
2019
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This article analyses the challenges associated with online auctions and consumer protection. Online auctions are increasing in popularity - however, they come with a range of potential legal issues. This article focuses on two potential concerns under the laws of both the United Kingdom and Australia: first, when an online auction fulfils the requirements of an auction for the purposes of consumer protection legislation; and second, when online auction sales occur "in trade or commerce". Both of these - apparently simplistic - questions highlight the complexity of the laws surrounding online auctions. Such complexity ...
View more >This article analyses the challenges associated with online auctions and consumer protection. Online auctions are increasing in popularity - however, they come with a range of potential legal issues. This article focuses on two potential concerns under the laws of both the United Kingdom and Australia: first, when an online auction fulfils the requirements of an auction for the purposes of consumer protection legislation; and second, when online auction sales occur "in trade or commerce". Both of these - apparently simplistic - questions highlight the complexity of the laws surrounding online auctions. Such complexity undermines the transparency of the legal system and puts consumers at risk of not understanding or appreciating their rights. The article concludes by making some initial points on potential reforms to improve transparency in the regulation of online auctions.
View less >
View more >This article analyses the challenges associated with online auctions and consumer protection. Online auctions are increasing in popularity - however, they come with a range of potential legal issues. This article focuses on two potential concerns under the laws of both the United Kingdom and Australia: first, when an online auction fulfils the requirements of an auction for the purposes of consumer protection legislation; and second, when online auction sales occur "in trade or commerce". Both of these - apparently simplistic - questions highlight the complexity of the laws surrounding online auctions. Such complexity undermines the transparency of the legal system and puts consumers at risk of not understanding or appreciating their rights. The article concludes by making some initial points on potential reforms to improve transparency in the regulation of online auctions.
View less >
Journal Title
Australian Business Law Review
Volume
47
Copyright Statement
© 2019 Thomson Reuters. This article was first published by Thomson Reuters in the Australian Business Law Review and should be cited as Vol. 47, pp. 281-292. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.
Subject
Commercial law
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