This all-inclusive guide contains a wealth of information you'll need to practice successfully in this area of law. Annual updates ensure that The Lawyer's Guide to the Texas Deceptive Trade Practices Act is the most up-to-date compilation of research on this subject. Recent decisions emphasize the wide range of remedies available under the Act, including the award of attorneys' fees.
The Lawyer's Guide to the Deceptive Trade Practices Act is the most thorough reference of its kind. A few of the many topics covered include:
• "Incidental" versus "intended" beneficiaries
• How the Act applies to a "personal injuries" claim
• Liability of, and defenses available to, "professionals"
• Availability of damages for "economic loss" and "mental anguish"
• Multiple damages for conduct found to be committed "knowingly" or "intentionally"
• The Texas Residential Construction Commission Act (RCCA) and the Residential Construction Liability Act (RCLA) and their relation to the Texas DTPA
Also covers class action suits, warranties, settlement and attorneys' fees.
After consulting The Lawyer's Guide to the Texas Deceptive Trade Practices Act, complexities related to the Act become understandable. Your consumer law practice will benefit from clear, concise explanations of the law. The guide contains useful legal analysis as well as functional practice advice to steer your Texas consumer law practice toward success.
The following vital areas of interest are also clarified:
• The use of tie-in statutes" as a method of increasing damages
• Defenses based on "limitations," "settlement," and "causation"
• Causes of action based on the "laundry list," "unconscionability," and "Article 21.21"
• Comprehensive discussion of express and implied "warranties"
1 volume updated annually.
eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis Advance® for further legal research options. A valid subscription to Lexis Advance® is required to access this content.
Table of Contents
Chapter 1 The Texas Deceptive Trade Practice Consumer Act
Chapter 2 Proper Party Plaintiff: Who is a Consumer?
Chapter 3 Proper Party Defendant: Whom Can You Sue?
Chapter 4 The Laundry List
Chapter 5 Breach of Warranty
Chapter 6 Unconscionability
Chapter 7 The Insurance Code
Chapter 8 Defenses
Chapter 9 Remedies
Chapter 10 Interaction with Other Laws: Cumulative Recovery
Appendix A Deceptive Trade Practices--Consumer Protection Act (current as amended through 2003)
Appendix B Deceptive Trade Practices--Consumer Protection Act (as amended through 1993)
Appendix C Deceptive Trade Practices Act: 1973 Text and Amendments through 2003
Appendix D Selected Bibliography
Table of Cases/Index