Disclosure of information as a legal technique in consumer protection

Abstract

The legal technique of disclosure of information has been widely used in consumer-related legislation in order to address a particular market failure, namely an informational asymmetry between the consumer and the trader. This is meant to improve the position of the consumer in the market by enabling him to satisfy his needs and wants and protect his own interests. The purpose of this thesis is to survey rules applying the technique of disclosure of information in Maltese law within the context of the debate at EU level which has surrounded the choice of this legal technique and the level of protection to be afforded by its application. Various rules of disclosure in fact originate from European measures. This survey is undertaken through a classification of rules on the basis of the timing of the disclosure, namely, pre-contractual, contractual and post-contractual disclosure of information. Attention is also given to the role of public authorities in the dissemination of information. The aim of this survey is to outline any possible limitations of this legal technique as a protective mechanism and, on the basis of an assumption that notwithstanding such limitations this technique should not be abandoned, possible ways of enhancing its effectiveness are suggested.