Contractual Rights and Liabilities in Circular Business Models Published online by Cambridge University Press: 05 September 2025
“Is consumer law as it was developed in the consumer society the problem? Is ‘irresponsible’ behaviour of consumers the problem? Is the consumer the problem? Are we the problem?”
– Hans-W. MicklitzINTRODUCTION
800. Ownership, moral hazard, and end-of-life of the product – An essential characteristic of use-oriented and result-oriented PSS (and contrary to product-oriented PSS where ownership is still transferred) is that the PSS supplier wishes to retain the ownership of the product. The first section of this chapter (section 7.2) therefore deals with the question of how the PSS supplier can protect its right of ownership of the product. The second section of this chapter (section 7.3) discusses moral hazard, i.e. the risk that PSS user will treat the product less carefully then if he were the owner of the product. Here, particular attention is given to how this risk can be (contractually) mitigated. Finally, the third section (section 7.4) deals with the end-of-life stage of the product. Here, the responsibilities of the PSS supplier regarding collection, repurposing, and/or disposal of the product in use-oriented and resultoriented PSS are discussed compared to the responsibilities of the PSS supplier in product-oriented PSS. Additionally, this section also analyses how circular guarantees can be incorporated into the PSS contract.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.