Access to justice for consumers: A perspective from common law countries

Cranston, Ross

doi:10.1007/bf02386022

Cited by 2 publications

(3 citation statements)

References 5 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Brady (2014), however, maintains that the state is obligated to provide the public swift and inexpensive avenues for a2j. But the Nigerian justice system, like the situation in many countries (Stuhmcke, 2002; Cranston, 1979; Liao, 2014), is expensive, congested and delays-prone (Frynas, 2001; Aguda, 1986). The system is therefore inappropriate for consumer dispute settlement that requires simple, accessible and speedy disposal (Ramsay, 2003; Usman et al , 2015; UN, 1985).…”

Section: Literature Reviewmentioning

confidence: 99%

Scale development for consumer protection and its determinants: evidence from Nigeria

Usman

Yaacob

Rahman

2016

IJLMA

View full text Add to dashboard Cite

Purpose This paper aims to develop an instrument for measuring Consumer Protection and its Determinants (CP&Ds). This is because literature on an instrument to measure CP&Ds is scarce. Design/methodology/approach In Nigeria, 53 questionnaires were distributed to legal practitioners. The study used 24 items to operationalize the CP&Ds. The research data were coded and scored, and the exploratory factor analysis (EFA) was conducted using SPSS version 22. The Bartlett’s test of sphericity, Kaiser–Meyer–Olkin, Cronbach’s alpha and Pearson’s correlation coefficient were used for the EFA, internal consistency reliability and multicollinearity, respectively. Findings The EFA produced seven factors, and each determinant was found reliable with its measure of internal consistency. Research limitations/implications The research result may not be generalized across jurisdiction because of the limited sample size and the fact that the data were collected from Nigerian legal practitioners. Practical implications This study can be used by policymakers and even private electricity companies in the deregulated electricity sector in Nigeria for policy design and effective consumer protection. Originality/value From the extensive literature review none was identified on the scale development for measuring CP&Ds. This exploratory research is the first attempt to develop an instrument for measuring CP&Ds.

show abstract

Section: Literature Reviewmentioning

confidence: 99%

Scale development for consumer protection and its determinants: evidence from Nigeria

Usman

Yaacob

Rahman

2016

IJLMA

View full text Add to dashboard Cite

show abstract

“…Kennedy in the President's message to the US Congress and the 1985 United Nations Guidelines for Consumer Protection (Borna, 1989). Access to justice is a fundamental right without which the enforceability of other rights becomes illusory (Cranston, 1979). In fact, access to justice has been considered as one of the best privileges of citizenship (van Aggelen, 2013).…”

Section: Introductionmentioning

confidence: 99%

“…Prohibitive, staggering and high attorneys' and court fees have been identified as the greatest barriers against consumer access to justice in the US and other jurisdictions (Liao, 2014;Maggs, 1990;Hodges, 2012;Axworhty, 1976;Green, 1974;Northwestern University School of Law, 1975). The ordinary courts are expensive, cumbersome and slow, and resources needed to obtain redress before these courts (Cranston, 1979;Stuhmcke, 2002;Liao, 2014). In the words of Jones and Boyer, there is a "lingering, rankling sense of frustration experienced by the consumers who feel they have been cheated, but realize that justice is priced beyond their means", (Jones & Boyer, 1971).…”

Section: Introductionmentioning

confidence: 99%

An Inquiry on the Affordability of Legal Services and the Appropriateness of the Regular Courts for Consumer Redress in Nigeria

Usman¹,

Yaacob²,

Rahman³

2016

BLR

View full text Add to dashboard Cite

The paper assessed the appropriateness of the regular courts for consumer redress in Nigeria in view of delays, and the cost of legal services before the ordinary courts. The paper adopted a phenomenological qualitative research approach in exploring the perspectives and experience of government officials and other private bodies involved in consumer protection and consumer redress. Twenty face-to-face interviews were conducted, transcribed and thematically analysed. The study found that legal services are not affordable to the consumers and that the ordinary courts are inappropriate for consumer dispute resolution. The research participants were limited to officials of consumer protection, products standard setting agencies, legal aid, academics, and heads of consumer organizations. The participants excluded the ordinary consumer of goods and services in the country. The study recommends the establishment of a cheap, simple and expeditious redress mechanism for redressing the widespread consumer injustice in the country. A wellfunded legal aid scheme to bridge the gap between the poor consumer and the justice system is equally suggested. This study is the first attempt at qualitatively exploring in-depth the appropriateness of the justice delivery system for consumer redress in Nigeria.

show abstract

Access to justice for consumers: A perspective from common law countries

Cited by 2 publications

References 5 publications

Scale development for consumer protection and its determinants: evidence from Nigeria

Scale development for consumer protection and its determinants: evidence from Nigeria

An Inquiry on the Affordability of Legal Services and the Appropriateness of the Regular Courts for Consumer Redress in Nigeria

Contact Info

Product

Resources

About