Cost-effective redress for disputed/failed low-value international consumer transactions: Current status and potential directions

Gawith, Daril J. (2009) Cost-effective redress for disputed/failed low-value international consumer transactions: Current status and potential directions. Australian Business Law Review, 37 2: 83-109.


Author Gawith, Daril J.
Title Cost-effective redress for disputed/failed low-value international consumer transactions: Current status and potential directions
Journal name Australian Business Law Review   Check publisher's open access policy
ISSN 0310-1053
Publication date 2009-04
Sub-type Article (original research)
Volume 37
Issue 2
Start page 83
End page 109
Total pages 27
Editor Robert Baxt
Place of publication Sydney, Australia
Publisher Thomson Reuters
Collection year 2010
Language eng
Subject C1
180199 Law not elsewhere classified
Abstract This article is concerned with whether or not a consumer who engages directly with a foreign vendor in an international consumer transaction (ICT), via the Internet or otherwise, has any cost-effective means of redress in the event of non-deliver or wrong-deliver of goods by a vendor, where the vendor falls to perform for any reason other than non-performance by the consumer. The cost of litigation and all other existing forms of ICT redress are not cost-effective: in the best case, redress would cost more than the value of most lCTs, even those worth tens of thousands of dollars. This issue is important because the growth of global e-commerce is being retarded as a result. The article concludes that the solution is a new international convention involving original consumer protection legislation including transborder enforcement provisions which would be made cost-effective for low-value ICTs through the provision of an appropriately efficient infrastructure, namely an automated cyberjurisdiction. [PUBLICATION ABSTRACT]
Keyword Studies
Deliveries
Electronic commerce
Consumer behavior
Legal fees
Q-Index Code C1
Q-Index Status Confirmed Code

Document type: Journal Article
Sub-type: Article (original research)
Collections: 2010 Higher Education Research Data Collection
TC Beirne School of Law Publications
 
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Created: Tue, 22 Dec 2009, 12:19:23 EST by Vivianne Mulder on behalf of T.C. Beirne School of Law