[PDF] Impact Of Product Liability On International Trade eBook

Author : Dennis Campbell
Publisher : Kluwer Law International B.V.
Page : 458 pages
File Size : 34,64 MB
Release : 2005-01-01
Category : Reference
ISBN : 9041123857

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This year's volume of the Comparative Law Yearbook of International Business deals with the subject of product liability law. This is a growing area in which manufacturers and supplies are finding themselves more and more responsible for the quality of their products and for the consequences flowing from any defect therein. This book discusses a wide variety of topics which come under the umbrella of product liability, ranging from liability for injuries caused by the use of asbestos and other toxic substances to the responsibility of air carriers in hijack situations. There is a growing amount of litigation throughout the world tackling the problems arising from the safety of products. These laws take into account te manufacturing process, the transportation, storage and delivery of goods, the intended use of products, their fitness for such purpose, and any warnings or instructions as to use given to consumers and end users. This publication also covers the question of jurisdiction in product-related litigation, particulary in crossborder transactions. In many instances, a plaintiff will attempt to bring his action in the United States due to the large amount of damages, especially punitive damages, awarded there by juries in civil actions. Defendants, on the other hand, seek to counter this by raising issues such forum non conveniens. There also is the question of state versus federal jurisdiction within the United States, as well as a discussion focusing on the possible growth of federalism within the European Union and its impact upon product liability nationally and at a European level. A comparison of the divergent cultural attitudes towards property in China and the United States, including the different emphases placed upon the ownership and role of property in society, demonstrates the different views of product liability. Another aspect of defective goods dealt with here is liability for the recall of a dangerous product. There is a chain of responsibility stretching from the manufacturer, trough various levels of suppliers, to the final retailer of goods, which is obviously important when attempting to remove dangerous products from the market as quickly as possible before they can cause widespread injury to consumers. This has been shown to be particularly relevant in cases involving automobiles and food products. Overall, therefore, product liability law is a vital part of the general law protecting consumers, both on a national and international basis, which makes this book a very interesting and useful read for anyone involved in this area.

Author : Duncan Fairgrieve
Publisher : Oxford University Press
Page : 1112 pages
File Size : 48,34 MB
Release : 2020-05-20
Category : Law
ISBN : 0191669946

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Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

Author : Christian Campbell
Publisher : Lulu.com
Page : 568 pages
File Size : 42,85 MB
Release : 2007-10-29
Category : Law
ISBN : 1435702255

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"International Product Liability", 2007 edition, with nearly 600 pages, offers contributions from 18 jurisdictions in Australasia, Europe, and North America. Expert practitioners clearly set out the liabilities and obligations of manufacturers, the defenses to and limitations of their liability, and the role of product liability insurance in international trade. The publication is replaced by updated volumes annually. Purchase of print version includes CD version and 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.