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RESEARCH PROPOSAL FOR LLD DISSERTATION Proposed Title PROTECTING THE CONSUMER: Law, policy and the practice in Ethiopia Student's name and student number: - Mr Afire TT, 45449414 Supervisor Prof. Hawthorne Luanda Co-supervisor Prof. Tilahun Teshome Retta Date, December, 2010

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Page 1: Proposal

RESEARCH PROPOSAL FOR LLD DISSERTATION Proposed Title PROTECTING THE CONSUMER: Law, policy and the practice in Ethiopia

Student's name and student number: - Mr Afire TT, 45449414 Supervisor Prof. Hawthorne Luanda Co-supervisor Prof. Tilahun Teshome Retta Date, December, 2010

Page 2: Proposal

1. Research Problem`

1.1. Background of the Study

Consumer protection is safeguarding the buying public from dangerous or inferior goods and

services, and from fraudulent and other unfair business practices. 1 The movement towards

increased consumer protection is known as consumerism.2 Consumerism strives for the

recognition of legislation as a medium between buyers and sellers relying on general norms of

fairness and good faith. 3

In pre-industrial era, relationship between producer and consumer generally operated on the

principle of ‘caveat emptor’ i.e. let the buyer beware. The principle of ‘cave tempter’ “assumes

that the buyer knows what he wants, has the knowledge necessary to choose wisely, with and has

contact with the producer”4 Besides, the principle presupposes that a wrong choice will cause

little damage and that one persons choice will not harm another.5 Indeed, since trade was in its

inception and simplest stage, there was unqualified autonomy on the will of the parties. Hence,

the principle of ‘caveat emptier’ was nothing but the reflection of the market reality prevailing

over that period.

The 20th century industrialization, however, has changed the very foundation of the long lasted

principle of caveat emptor 6 It becomes out of the intellectual ability of the individual consumer

to comprehend the large scale increase in factories and mechanisms. Consequently, this caused a

corresponding greater concern for health and safety and for its regulation by legislation.7 With

the growing increase in the marketing mechanisms and variety of goods available in the market,

many of them become pre packed, sophisticated, mechanical, intricate and less comprehensive to

individual consumer.8 For instance, the consumer, who doesn’t have the technical knowledge

necessary to compare intelligently, may be manipulated by deceptive advertizing. In the complex

1 Encyclopedia Americana, ( 1995), vol-7,p.682 2 Ibid 3 Stewart Macaulay, “ Layers and Consumer Protection Laws, ”Law and Society review , Vol.14,No. 1,(1979),P.115 4 Supra at note 1, P683 5 Ibid 6 Gordon Borrie and Aubrey L. Diamond, The Consumer Society and the Law (1964), P.15. 7 Supra at note 1, P. 683 8 Ibid

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field of consumer services too- repairers, dry cleaners garages, innkeepers, carriers, insurances-

legal rules are required to redress the imbalance between them and the individual consumer.9

Sometimes, when a consumer buys a certain product or service he gets his/her money’s worth

but discovers latter that he has been deceived or pressured in to buying something he doesn’t

really need.10Hence, the serious problem that consumer has to face is spending money wisely and

getting the best value for it.11 The saddest part of the story is that an error or defect in

manufacturing or marketing can affect millions of consumers; besides “in a densely populated

urban society, one person’s free choice –for example, the unwitting purchase of a defective and

potentially dangerous automobile- may cause anther’s misery.”12

The above serious of facts show that the doctrine of caveat emptor, which often protected a

manufacturer or seller from being responsible for damage caused by his product or service, has

been undercut steadily side by side with the industrial developments.13 Instead, the time has

come for a breakthrough in the law as it affects the consumer. In short, the economic and

technological change reported has shaped the development of the consumer protection laws

which are now incorporated in one way or another in most legal system. That means, in order to

resist the adverse results of technological developments, consumer protection laws come in to the

scene. The consumer protection laws are basically aimed at regulating the products, services

methods and the creditworthiness of the manufacturers, sellers, and advertisers.14

In Ethiopia, there is no codified consumer protection law. However, it is possible to consider

consumer protection laws as a conglomerate of various legal rules taken from different branches

of the country’s legal system. This is correct to the extent that the consumer is indirectly

protected by several and scattered fundamental principles contained in the Civil, Commercial

and Penal Codes, and legislations enacted to protect the public interest in the economic field.

9 Supra at note 6, P. 9 10 Ibid 11 Fordon W. Brown and R. Robert Rosenberg, Understanding Business and personal Law ( 7Th ed 1984), P. 329 12 Ibid 13 Supra at note 1,P. 683 14 James R. Patton and Bruce Butter, “ The consumer Product Safety Act- Its Impact on Manufacturers and the relationship between seller and Consumer ,” Business Lawyer, Vol. 28, No. 3 (1973) P. 725

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To be specific, the legal; requirements for the formation of contracts in General come under Title

XII of the Civil Code Protect consumers from improper practices. Particularly, the formal

requirements for the formation of a contract- Art1687 and other pertinent provisions (specially –

consent-Art-1679, agreement of the parties- Art1680, general terms of business Art-1686, Object

of Contracts Art-1711-171);and the grounds for invalidation of a contract-Art1696 ( specially

fraud- Art 1704, false statement- Art 1705, and unconscionable contract- Art 1710) may be

employed to protect consumers. As regards the special contracts, there are various protections

available for the formal requirements necessary for the transfer of ownership in sale contract,

particularly, the warranty against disposition –Art 2282, and the warranty against defects and

non-conformity –Art 2287, are the prominent ones. Moreover, the civil code provides for

appropriate remedies for the non-observance of the above requirements. In Ethiopia, tort law

considerably protects the interest of consumers. Professional fault –Art 2031 and product

liability –Art 2085 are important illustrations. Besides, the Civil Code protects consumers who

are beneficiary of the contract of innkeepers.

The Commercial Code deals with the commercial registration, civil and penal sanctions for the

failure to register, and the protection of the rights of the third parties under Book I Title –IV,

Chapter two to four. Thus, the above provisions protect consumers for they provide him with the

necessary information about the nature and type of business available in the market.

Additionally, the commercial code and other hand, the penal code provides various and valuable

provisions tom protect the consumer.

Amongst the consumer- oriented legislations, the Ethiopian Authority Standardization

establishment proclamation No 328/1987, Standards mark and fees Council of Ministers

Regulation No 13/1990, Pharmacy Regulation No 288/1964, Classification of Hotels, Pensions

and Restaurants Council of Ministers Regulation No.209/1995, and the License and Supervision

of Insurance Business Proclamation No.86/1994, are worth mentioning. Definitely, the intensity

and cover they afforded is different, but all tend to protect the consumer.

However, it wouldn’t be a mistake to say that consumer safety is at best not taken as the concern

of the various business institutions, be it in public or private organizations, big or micro business

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enterprises that offer goods and services for sale. Due to the absence of organized body or

interest group to defend their rights, to promote their interest or to create awareness and build

capacity to stand for their rights; consumers in Ethiopia have been obliged to be victims of

irresponsible marketing of goods and services. Even with the introduction of free market policy

in the country the problem of Ethiopian Consumer seem to have been exacerbated.

1.2. Statement of the Problem

Since 1991 Ethiopia has introduced the market economy strategy. The government has applied a

gradual de-regulation procedure and finally tends to liberalize and de-regulate. It is clearly

expressed in the recent broad government policy objectives, strategies and priorities that the

government is committed in giving the private sector a substantial role in the economic

development of the country. To this end the government, outlines a program focusing on

economic stabilization and structural reform measures particularly in the financial sector, public

enterprise, and civil service areas aiming at removing cost and price distortion and improving

market related incentives so that progressively liberalizing the economy and reducing the role of

the public sector.

However, even after taking all these reforms, the market sector still remains inefficient and

ineffective to meet the demand and satisfy the interests of the public. Though the problems of

consumer vary from country to country, consumer in Ethiopia have been victims of unfair trade

practices, unfair competition, unethical service provision, unfair food supply, dumping of : non

standard and inferior quality and inferior quality ; under or over weighing goods which are

hazardous to life and property of the consumer.

Not only are some of the products or services purchased are sub-standard or faulty but also at

times threaten the health or life or life of the consumers. Some clothing shops sell old or second

hand clothes as new ones. Transport, ticketing or tour operating organizations don’t adhere to

their schedules for transport for which they are paid in advance by the consumer. Training

institutions, including universities, exercise under right over their students who have fulfilled all

that is required of them. Consumers don’t get the right respect, care and service in almost all

public and private transport services.

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Some government offices such as hospitals, health centers, water and electricity officers,

municipalities and their employees don’t carry out their duties in a responsible manner and with

due respect to customers that have the legal right but also fulfilled all the preconditions needed

for getting service or support. For instance, failure to prohibit the issuance of investment license

for companies that try to operate without laying proper waste disposal systems aimed at reducing

environmental impacts and also failure to distribute available food supply to the needy in the

emergency situation is also other example of attack on consumer safety.

Major areas of threat to Ethiopian consumers safety comes from adulterated or sub- standard

food and food staffs, inferior quality or expired drugs and different sub-standard or inferior

quality articles entering the market of the country through contraband trade, almost making

Ethiopia a dumping of sub-standard and inferior quality products of other nations.

Even though its market is on the process of transition, those additional essential transitional

measures were not taken by the government. Consumers in the country are left free to the unsafe,

unhealthy, inefficient and in competitive even confused and distorted market environment. And

this has resulted in abuse of consumers’ rights and interests and aggravating absolute poverty.

Consequently, the legal and practical aspects of the free enterprise transformation system

designed by the government according to many are not yet put into practice. And, it becomes a

challenge for the regulatory and executive authorities to safeguard the overall interest of

consumers in general and to give a reasonable return for the claim of reimbursement made by

consumers who sustained injuries in their life, health and economic and social interest.

As a result, it is very important and even to date to examine the readjustment process in relation

to consumer issues focusing on all forms of government regulations direct and indirect and the

various institutions entrusted with regulating one or another aspect of consumer protection in

Ethiopia. Moreover, it is vital to examine the technique of protection currently employed in the

country?; the possible market conditions inviting governmental correction measures?; the

compatibility of those recognized controlling mechanisms such as “prior approval”, “standards”,

“information remedies”, “self regulation” and “improving access to justices” with particular

situations in Ethiopia? And with these to initiate the Government at least to have deep insight in

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its overall past performance in relation to consumers issue and update it with justifiable

corrective measures.

1.3. Research Questions This paper seeks to organize some basic questions in consumer protection by identifying and

analyzing the basic factors that have given rise to the demand for consumer protection. Hence,

Questions like how and when the Government in Ethiopia necessarily intervenes in the market

transaction with the aim of supervising the performance of all actors and correcting the market;

How consumers, producers and suppliers in Ethiopia are understood the regulations on

Consumer Protection and respond accordingly? How the institutions for consumer protection are

established and functioned? What power is vested with them? What factors are currently

aggravated the rate of injuries in life and health of consumers in Ethiopia? to what extent the

laws on consumer protection in Ethiopia are well-matched with the laws of countries at the same

economic situation? And to what extent the intervention by the government is vital and what

effects the intervention practically employed are the research questions will get its answer in this

study.

1.4. Objectives of the Study This study aims to be the first major effort to examine the role of the FDRE Government in

protecting consumers particularly, evaluating polices and laws of the country that its primary

purpose is consumer protection and the actual practices of the government in order to implement

these laws.

Although focusing on the Ethiopian, much of the analysis in this work is relevant wherever

matters of consumer policy are being considered. The study provides a critique of a regulatory

consumer law, by examining the objectives of consumer policy and the extent to which

consumer protection is get attention by the government. The study thus seeks to achieve its aims

in the following ways.

First, it investigates the justification for having consumer protection laws, and considers the

regulatory techniques available to fulfill consumer policy objectives. Although much of the

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traditional analysis of consumer protection law has focused on its economic role in correcting

market failure, social objectives of consumer law are also given greater attention.

Secondly, the study examines the law on the bases of the interests that aims to protect. The two

principal interests of concern here are physical safety and economic interest. Where physical

safety is at issue, the prime aim of the law is relatively clear. It is concerned to ensure that

consumers are not harmed by unreasonably dangerous products. Product safety regulations are a

way in which undesirable barriers to trade may be erected under the guise of consumer

protection. It also provides a useful illustration of the social justification for intervention to

protect the consumer. Although it is possible to explain much consumer product safety law on

economic grounds of market failure, such as information deficits and externalities, it is also

important to consider the extent to which social goals justify intervention.

The study also aims at evaluating the regulatory powers and role of institutions established in

order to secure and guarantee consumers from potential injuries caused by defective and

unhealthy products and goods. It also will try to make a comparison of laws and practices of the

country with the laws and practices of other countries such as European Directives, South

African Consumer Protection Legislation, Kenyan consumer Protection laws and the standards of

consumer protection by UN and tries to find out the major challenges in the regulatory powers of

the institution and existing regulations for consumer protection and forwarding recommendations

for handling these challenges.

More specifically, the study will try to provide the decision makers with sufficient information to

justify revision to the existing legislative frame work on consumer protection. This will enable

the market to operate more effectively and efficiently, to better respond to consumer demands

and to give government the best protection within a safer market environment.

1.5. Significance of the Study

The research is considered to have its own academic and policy significances. More importantly,

it is hoped to initiate further study in the subject under consideration. As the study is not only

intended to work on the tip of the problem rather to see the causes as well, hence, it is believed to

Page 9: Proposal

instigate people to be concerned and make a research for such problems and indicate the solution

to the policy and/or law maker.

Secondly, as the research is also intended to show the existing situation, it hopefully shows the

magnitude of the problem, the system should be designed to combat the problem and show the

legal lacuna where it fails. Thus, it may indicate where justified intervention by the Government

should be had. Besides, the study will be critical of unjustified interventions, where they exist,

and point to possible ways out.

1.6. Scope of the Study Since, the bounders of consumer protection laws are not easily drawn; this study is concerned

primarily with those aspects of laws such as tort law, contract law, criminal law and trade

practice proclamations which are immediately tied-up with consumer protection as direct and

those that relate to the component inputs which together make the transaction safe and healthy as

indirect regulation will be the coverage. However, illustrative indications were made, though not

exhaustive, to areas of the law that requires in-depth analysis and revision pursuant to

international and national standards. What is more, the study is not limited only on domestic

products and services; it extends also to the imported items.

Challenges may be faced during the undertaking of this research is first to the record keeping of

court cases of the legal system. The absence of a systematized information collection and

classification of cases by the legal system hindered the identification of court cases for case

study. The collection of cases had thus to mainly rely on the memory of judges and record

keepers. This may made the process of identification and selection of relevant court cases time

consuming. And the second may be in relation to access to reference on policies, laws and

practices of countries selected for comparison.

The writer will try to reduce these challenges by communicating with the injuries, judges and

prosecutors directly and conducting an interview with them. Moreover, the case study will focus

only up on selected cases. The selection may depend on the degree and seriousness of the case.

The second challenge may also be reduced by making the assessment and comparison with the

laws of some selected countries. The selection will be made based on the economic policy and

Page 10: Proposal

advancement of laws and the chance to get an access to refer is also considered. Moreover, the

standard of protection by UN is given attention.

1.7. Review of Literatures

A search of the literature has revealed that there is enough literature available to successfully

undertake this study. From conversations with several local experts is appears that this is a field

of study where research can be undertaken and that the purposes of the study can be achieved.

1.8. Theoretical Model

The positivist paradigm is the theoretical basis of this study, representing a dual philosophical

orientation, given that the entire essence depends on an idea of a dual logic and distinction

between sense and reason and the subjective and objective reality justifying the use of this

paradigm within the social sciences emphasize that “the positivist paradigm, using the scientific

method for the analysis of reality, allow other researchers to replicate the same research since

they carry it out under the same conditions”. 15

Many scholars’ in this theoretical paradigm reach in a consensus that “the positivist paradigm

deals with a world made up by a set of individuals and individualizing relations that explain

social phenomena.16 It is taken as a compound of elements, variables and elementary

fragmentary, manageable, controllable, eliminable and neutralizable alternately relations and in

the sense of checking and separating their relative and absolute contributions that converge in

order to determine the situations and social phenomena.17

Positivism defends that the scientific method is more adequate in order to observe and analyze

the constituting elements of reality as a way of explaining the universally applicable guidelines,

taking into account the reservations from the necessary objectivity.18

15. Carreño, J. (2001). Reflexiones sobre la responsabilidad social del investigador del deporte. EFDeportes (on-line), 42 (7). http://www.efdeportes.com 16. Quazi, A. O’brien, D., (2000), An Empirical Test of a Cross-National model of corporate social responsibility. Journal of Business Ethics, Vol.,25, P. 33-51. 17 . Ibid 18 Hutcheson G. D. and Moutinho L. (2008), Statistical Modeling in Management. Sage Publications

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Therefore, by making a critical assessment of the different set of theoretical perspectives on the

subject matter of consumer protection; by way of a qualitative analysis of the themes that

underlie, this dissertation will examine the extent to which the standards of consumer protection

do the job of protecting the consumer in a variety of economic paradigms. Purposely, it will

make an evaluation of the rationales and rules accepted in a free market economic environment

are applicable in order to equally achieve their purpose in a least developed transitional market.

Besides, if applicable, the extent of application will also be determined.

The fundamental goal of this study is to test veracity or otherwise of the various theoretical

perspectives on consumer protection. In so doing, aspects of the Ethiopian Experience as it may

conform or discord with the prevailing viewpoints on consumer protection will be thoroughly

looked into. In this regard, the positivist paradigm is mainly acknowledged as the appropriate

theoretical model in the pursuit of this dissertation.

1.9. Research Methodology

Given the type of the constituting variables of this study, a qualitative epistemology

complemented by empirical analysis would receive top priority. Particularly, the research is

designed to provide an interpretive measurement to determine the suitability, efficiency and

proper enforcement of policies and laws aimed at consumer protection in Ethiopia.

Due to the fact that the issue of consumer protection is sensitive and the lack of appropriate and

readily available data regarding same, a multi methodology approach is adopted and this

includes:

A comparative analysis of related literatures, policies and laws of different countries. The

Literature review is aimed at compiling in a form of an overview of what is currently

known, and critically assess the practices to date. This enables us to point out which of

these protective devices are generally implemented to wider patterns, and which are

specific to the Ethiopian context.

Analyses of documents to draw together existing data on the enforceability of policies

and laws; most data in this study will be drawn from policies, proclamations, regulations,

directives, books and periodicals;

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Interviews with relevant governmental and non-governmental officials to assess

weaknesses and gaps in the enforcement of policies and laws in Ethiopia and to

determine how different people understand the protection and procedures for their

enforcement;

Study of cases dealing either directly or indirectly with issues of consumer protection

standards in Ethiopia. This is to give a sense of the enforcement mechanisms available in

terms of what can be learnt from a single case. Case studies are further used for

additional conceptual and theoretical analyses of provisions on consumer protection with

reference to the standard in a free market principle.

1.10. Organization of the paper The dissertation will contain six chapters. Consequently, the first chapter deals with the proposal

part. Hence, it will try to undertake the background of the study, statement of the problem,

objectives of the study, research questions and the methodology will be employed by the

researcher. And the second deals with the general preview of consumer protection. It has

attempted to define the word ‘consumer’ and show the need for and development of consumer

protection laws. The chapter will also examine the existing laws, policies and a practice in

Ethiopia focusing on consumer protection in comparison with polices and laws of selected

countries. Since Ethiopia is on the track of market oriented economy, the comparison will be to a

large extent with polices and laws of those countries in the similar economic situations.

The third and fourth chapters have attempted to deal with the regulation of business practices in

general and special services respectively. Moreover the effort of the law to protect the consumers

in regulating unfair or deceptive business acts or practices, product standards, provision of

special services etc. is presented.

And, the last chapter is about the enforcement of regulatory consumer law. Accordingly, it will

try to deal with enforcement strategies adopted and followed by the country in relation to the

recognized techniques of protection. In particular, the chapter will try to examine the general

principles and enforcement powers and economic interests in the country supported by case

studies on the enforcement of laws on product safety.

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1.11. Action Plan

The work plan for this dissertation is prepared for four years (2010-2013). With this specified

periods of time, the works that should be accomplished have been indicated in a very simplified

manner. As designated in the table below, more time is devoted for review of related literature

because theories in relation to the problems will be reviewed; the works of the scholars have to

be critically investigated and some arguments have to be developed.

Table-1: summery of the Action plan

Tasks to be performed 2010 2011 2012 2013

Finalize research proposal X

Review of related literature X

Preparing questionnaire, interview questions

and observation check list

X

Pre-test or pilot survey X

Selecting assistants and provide training X

Actual data collection X

Data processing and make preliminary

interpretation

X

Data analysis X

Writing the final report X

Submit the final dissertation for the advisor

and supervisor

X

X -represents the time given for the tasks.

1.12. Budget breakdowns

Preparing sufficient and applicable budget plan is one of the serious problems in any projects in

general and in research projects in particular. Thus, breaking the budget based on the different

aspects of the work is essential. Accordingly, a workable budget plan is prepared as indicated

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hereunder. For the sake of convenience, the researcher developed a budget plan on Ethiopian unit

cost/ Birr.

Table 2 summary of budget plan Category unit cost Multiplying factors Total cost Remark

Allowance

Main researcher 200 birr per day 1x120x200 24,000

Assistants 70 birr per day 20x15x70 21000

Fieldwork during

pilot study

70 birr per day 10x10x70 7,000

Fieldwork during

actual study

70 birr per day 16x30x70 33,600

Secretary

Typing the

questionnaire

5 birr per page 150x5 75o

Finalizing the report 5 birr per page 150x5 750

Transport cost in

two way trip

Vehicle cost for the

researcher

5 birr per km 1x3640x5 18200

Vehicle cost for the

facilitator

5 birr per km 5x3640x5 91000

Supplies

Stationery 15000

Laptop 15000/lab top 1x15000 15000

Digital camera 4000/camera 1x4000 4000

Tape recorder 1000/tape 1x1000 1000

Total 231300

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1.13. Provisional Outlines of chapter 2. Abstract 3. Acknowledgement

Chapter On

1. Introduction

1.1. Background of the study

1.2. Aim of the Study

1.3. Objectives of the Study

1.4. Statement of the Problem

1.5. Research Questions

1.6. Significance of the Study

1.7. Scope of the Study

1.8. Limitations of the Study

1.9. Literature Review

1.10. Theoretical Model

1.11. Research Methodology

1.12. Organization of the paper

Chapter Two

2. Concept and Development of Consumer Protection laws : an over view 2.1. Consumers Defined

2.2. Consumer protection Regulation and market Structure

2.3. The Need for and Development of Consumer Protection Laws

2.3.1. Consumer Protection in Ethiopia: Law, policy and the practice

2.3.1.1. Consumer Protection policy

2.3.1.2. Laws in Ethiopia to the effect of consumer protection compared with the

laws of other countries

2.3.1.2.1. The new consumer protection law

2.3.1.2.2. The law of contract

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2.3.1.2.3. The law of extra contractual liability

2.3.1.2.4. The press proclamation

2.3.1.2.5. The criminal law

2.3.1.2.6. Unfair Competition Law as a consumer protection Mechanism

2.3.1.2.7. License Law as a consumer Protection Mechanism

2.4. Consumer

Chapter Three

3. Regulation of Business Practice in Ethiopia compared with the laws of other

countries 3.1. Unfair or Deceptive Trade Acts or Practices

3.1.1. Advertizing

3.1.2. Contracts

3.1.2.1. The Protection of the Consumer in the formation of the General Contract

3.1.2.2. The protection of The consumer in sale Contract

3.1.2.3. The protection of The consumer in special sale Contract

3.2. Product Standards

3.2.1. Quality and Safety of Consumer Goods

3.2.2. Proper Labeling and packaging of Consumer goods

Chapter Four

1. Regulation of Special services in Ethiopia compared with the laws of other

countries 1.1. Insurance Service

1.1.1. The Protection of Policy Holders

1.2. Carriage Service

1.2.1. Carriage in General

1.2.2. Protection of the Consumers of Carriage Service

1.2.2.1. Protection of Passengers

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1.2.2.2. Protection of Goods and Baggage

1.3. In keepers Service

Chapter Five

2. Enforcement Mechanisms of a Regulatory Consumer Protection Laws and Remedies for Victims : policy law and the practice in Ethiopian

2.1. Enforcement Mechanisms of a Regulatory Consumer Protection Laws

2.1.1. Governmental Enforcement

2.1.1.1. Enforcement by Special Agencies

2.1.1.2. Judicial Enforcement

2.1.2. Enforcement by Consumer Protection Associations

2.1.3. Enforcement By NGOs

2.2. Consumer Remedies

2.2.1. Transaction Based Remedies

2.2.1.1. Privity of contract

2.2.1.2. Freedom of Contract

2.2.1.3. Contractual terms

2.2.2. Judicial Remedies

2.2.2.1. Criminal Sanctions

2.2.2.2. Civil Liabilities

2.2.2.2.1. Strict Liability

2.2.2.2.2. Vicarious Liability

2.2.2.2.3. Corporate liability

2.2.3. Extra Judicial Remedies

2.2.3.1. Industry and Profession Specific dispute Settlement Procedures

2.2.3.2. Class and representative actions

2.2.3.3. Industry and Profession Specific disciplinary procedures

2.2.3.4. Compensation, Guarantee and fidelity Funds

2.2.3.5. Statutory Insurance schemes and Requirements

2.2.3.6. Miscellaneous Administrative procedures

Conclusion and Recommendations

Page 18: Proposal

2.14. Tentative list of reference materials

A. Books

1. Ball, Brain and Rose, Frank; Principles of Business law, London: sweet and Maxwell,

1979

2. Borrie Gordon and Diamond Aubrey L. The consumer society and the Law, Mitcham:

penguin Books, 1964.

3. Brown Gordon W. and Rosenberg, r. Robert; Understanding Business and personal Law,

McGraw- Hill Book company, 1984

4. Clarkson, Miller, Jentz and Cross; West’s’ Business Law Texts, Cases, Legal and

Regulatory environment , 5th ed., St. Paul: West Publishing Company, 1992

5. Golman, Arnold J. and sigismond D., Business Law Principles and practices, 3rd ed., New

Jersey: Hoghton Miffin Company, 1992

6. Kintner, Earl W., A primer on the Law of Deceptive Practice a guide for the

Businessman, London: the Macmillan Company, 1971.

7. Klayman, Baguby, and Ellis; Erwins Business Law- concepts, Analyses, Perspectives,

Sydney: Richard D. Irwin, Inc., 1994.

8. Law in a changing Society; Los Angeles, 1959

9. Mckuchhal, Mercantile Law, Delhi: Vikas Publishing house, 1978

10. Metzger, Mollar Barnes, Bowers, Phillips, and Languardt; Business Law and the

Regulatory Environment- concept and Cases, 9th ed., Toronto: Richard d. Irwin, Inc.,

1995.

11. Moran, John; Practical Business Law, New jersey: Prentice Hall Inc., 1995.

12. Rene David; Commentary on Contracts in Ethiopia, AAU, 1973

13. Restrictive Practice: Patent, trademarks and Unfair Competition in the Common Market,

London: Stevens and sons Ltd., 1962

14. Schmitthoff, Clive M ., Charles Worth’s Mercantile Law, London: Stevens and Sons

Ltd., 1984

B. Journals and other Materials

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1. A Draft Law on the Regulation of Trade Practices Prepared by the Ministry of Trade and

Industry

2. Ali sulaiman, Unfair Commercial Competition and its legal effects under Ethiopian Law,

Senior Thesis, Unpublished , Law library of AAU: 1986

3. Barron, J.F “Business and professional Licensing- California a representative Example,”

Stanford Law Review, Vol. 18, No. 3, 1966.

4. Black Hennery Campbell; Black’s Law Dictionary , 6th ed., A bridged, west publishing

Agency , 1991

5. Brown Ralpha S .; Advertizing and the Public Interest: Legal Protection of trade

symbols, Yale Law Journal, Vol. 57, No. 7, 1984

6. Corpus Juris Secundum, vol -16A, Brooklyn, N.Y: the American Law book Co. 1956

7. Corpus Juris Secundum, Vol., 53, Brooklyn , N. Y: The American Law Book Co. 1956

8. Encyclopedia Americana, Vol. 7, 1995

9. Gilbert, Montagne; “unfair methods of competition.” Yale Law Journal, Vol. 25, 1915-

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