Protecting the consumer holding active entitlements when a company ceases to trade: a legal analysis

Houston, Gary I. (2021) Protecting the consumer holding active entitlements when a company ceases to trade: a legal analysis. [Thesis (PhD/Research)]

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Abstract

Since the industrial revolution consumers have been caused detriment and left with very little option when a company they are dealing with becomes insolvent. Consumers may have placed a deposit on goods not yet received, purchased gift cards not yet used, or have a product warranty not yet expired. These consumers can apply to become an unsecured creditor of the insolvent company with low prospect of a return. There are, however, a small number of consumer groups such as investors in the Stock Market, Home Builders and Employees of insolvent companies who have been supported by government action. Governments in other jurisdictions such as the USA and the European Union have also enacted this support action. This thesis explores the regulatory developments behind those government actions in Australia, USA and the EU using doctrinal analysis and draws a comparative analysis. Using the Bank Deposit Insurance scheme model, used in most countries of the world, as a basis, the thesis then develops legislative guidelines for a compensation scheme to support all consumers who may have been caused detriment when a company ceases to trade.


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Item Type: Thesis (PhD/Research)
Item Status: Live Archive
Additional Information: Doctor of Philosophy thesis.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Supervisors: McNamara, Noeleen; Martin, Rhett
Date Deposited: 22 Nov 2021 07:06
Last Modified: 22 Nov 2021 07:15
Uncontrolled Keywords: consumer, consumer protection, insolvency, consumer law
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180199 Law not elsewhere classified
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/45268

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