This essay discusses the concept of loyalty in fiduciary law. It contrasts fiduciary loyalty with moral conceptions of loyalty, and argues that the distinctiveness of fiduciary loyalty is best appreciated in light of characteristic features of fiduciary relationships. The essay establishes the...

This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...

Commentary, case law, and business practices all indicate the need for consumers to recognize a franchisee's independence and to understand the basic legal implications thereof. These consumers should know with whom they are dealing and what that means for the prospective liability of...

Many believe that consumer-sourced reputational information about products would increasingly replace top-down regulation. Instead of protecting consumers through coercive laws, reputational information gleaned from the wisdom of the crowd would guide consumer decision making. There is now a...

This paper analyses the sources of supermarket power vis-à-vis shoppers and independent brands. This power transforms leading supermarkets into vertically-integrated competitive bottlenecks that are able to restrict competition between brands (including their own ones) and reduce consumer...

Digital advertising markets are growing and attracting increased scrutiny. This paper explores four market inefficiencies that remain poorly understood: ad effect measurement, frictions between and within advertising channel members, ad blocking and ad fraud. These topics are not unique to...

Darwin’s (1871) observation that evolution has produced in us certain emotions responding to right and wrong conduct that lack any obvious basis in individual utility is a useful springboard from which to clarify the role of emotion in moral judgment. The problem is whether a certain class of...

The consumer movement aims to prevent monopoly and encourage competition. The movement encourages the development of standards to eliminate physical hazards from products which endanger safety. The most perplexing problem is to decide when the market left to itself provides the appropriate means...

Class actions play an increasing role in Canadian health litigation, with more and more cases being brought forward to claim compensation for injuries caused by pharmaceutical drugs and other health products. However, the issues of causation these claims raise often create difficulties for...

The consumer expectations test in products liability law holds firms liable for producing goods that are more dangerous than the reasonable consumer would anticipate. But judicial experience in the majority of states that have utilized the consumer expectations test demonstrates that it is...