The primary purpose of this book is to provide an in-depth study of the US and EU approaches towards the organization of consumer sales remedies. Chapter 2 treats the comparison of the hierarchy of consumer sales remedies in a multitude of EU instruments, in US contract law, and the Uniform Commercial Code. In addition, the latest developments in EU law, namely the amended Proposal for a Directive on (online and other distance) sales of goods of 31 October 2017, are briefly discussed. In a Chapters 3 and 4, the (extra)judicial application of remedies and notification duties are examined in the same EU/US instruments.

This book aims to contribute to the discussion of what the organization of remedies should look like to best protect consumers. Should we adopt the US system favoring the remedy of damages? Or is specific performance preferred? Or, is there another valuable alternative? How should we define ‘consumer protection ’? All these questions are raised at a time when the EU is considering a ‘new’ consumer sales directive, and US scholars have drafted a restatement of consumer contract law, which is intended for discussion at the Annual Meeting Agenda in 2019 (although, regrettably, it will not include all possible aspects of consumer contract law).

This book is designed for EU civil (and common) lawyers and US common lawyers to gain a better understanding of the remedial system and the logic behind it. Due to the differences between those systems, it is sometimes dangerous to use certain terms such as ‘termination’, ‘damages’ and ‘specific performance ’. Therefore, specific attention is paid to terminology. By giving a terminological overview, the most commonly used terms are framed and explained within their respective legal systems.

There is inevitably more work to be done in this area and it is ripe for further research by other scholars. The interaction of the remedies is fascinating, but also very complex, and many factors have to be taken into account. Not only their original set hierarchy, but their (extra)judicial application and the notification duties have an important role to play.