... contracts are a relatively new concept within the English legal system, and thus the case law in this area is scarce and based upon common law principles, consideration will be given to the principles applied in the cases both before and after the implementation of the Regulations. The effect of the provisions incorporated into the trade association agreements must also be considered, as there is a strong argument that these provide for more protection to the consumer than the legislation. Strict, or fault-based liability was an important consideration in 'The Last Resort', an article published by David Grant, and this will be considered throughout. Finally it is submitted, contrary to the proposition that common law rights offer more protection to the consumer, that the Regulations do provide more protection to the consumer. Before proceeding to consider the effect of the Regulations it is important to note that the legislation concerns only ...

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