NDLI: Understanding the Pro-plaintiff Bias in Consumer Protection Legal Processes

Content Provider	Springer Nature Link
Author	Ruiz, Gonzalo Martin
Copyright Year	2014
Abstract	Using information from the Peruvian administrative consumer system from 1998 to 2010, the paper assesses hypotheses taken from selection theory in the context of legal disputes (Priest and Klein, The Journal of Legal Studies 13(1):1, 1984) and political science. Hypotheses from selection theory regarding the influence of plaintiff stakes, informational asymmetry and, to a lesser extent, litigation costs on both selection decisions and trial outcomes were confirmed. In addition, the results corroborate other implications of selection theory, such as the non-random nature of selection processes. However, no evidence has been found regarding the theory’s prediction that the share of plaintiff victories at trial will converge to 50%. The results also show that in the Peruvian consumer protection system, plaintiffs win more often than do defendants, suggesting the pre-eminence of pro-consumer trial standards over other factors. Moreover, the evidence confirms the hypotheses taken from “party capability theory” (Galanter, Law & Society Review 9(1):95–160, 1974) regarding the influence of litigant characteristics on consumer protection legal outcomes. Finally, the results also demonstrate the relevance of ideological and attitudinal factors as determinants of consumer administrative trial decisions.
Starting Page	113
Ending Page	141
Page Count	29
File Format	PDF
ISSN	01687034
Journal	Journal of Consumer Policy
Volume Number	37
Issue Number	1
e-ISSN	15730700
Language	English
Publisher	Springer US
Publisher Date	2014-02-09
Publisher Place	Boston
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Consumer protection Selection theory Informational asymmetry Party capability theory Social Sciences Marketing Economic Policy Commercial Law
Content Type	Text
Resource Type	Article
Subject	Economics and Econometrics Business, Management and Accounting

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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