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.
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The leading authority on product liability law and practice, this work provides comprehensive analysis of product liability under the common law of negligence, the strict liability provisions of the Consumer Protection Act 1987, and the EU's Product Liability Directive, placed in context of the international and transnational legal framework.
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PART I - LIABILITY IN CONTRACT AND FOR MISREPRESENTATIONS; PART II - STRICT LIABILITY IN TORT; PART III - LIABILITY IN TORT FOR NEGLIGENCE; PART IV - LIABILITY IN TORT: ISSUES COMMON TO STRICT LIABILITY AND LIABILITY IN NEGLIGENCE; PART V - CONFLICT OF LAWS; PART VI - PRODUCT SAFETY AND THE CRIMINAL LAW; APPENDIX 1 - EXTRACTS FROM CONSUMER PROTECTION ACT 1987; APPENDIX 2 - COUNCIL DIRECTIVE 85/374/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS, AND ADMINISTRATIVE POSITIONS OF THE MEMBER STATES CONCERNING LIABILITY FOR DEFECTIVE PRODUCTS; APPENDIX 3 - COUNCIL DIRECTIVE 2001/95/EC ON GENERAL PRODUCT SAFETY
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The only book to provide comprehensive and authoritative coverage of all the major issues concerning product liability
Analysis of the legal requirements and responsibilities of product manufacturers and retailers allows practitioners to advise their clients on preventative measures and risk management before problems occur
Discusses the rights of those who are injured by defective products and the remedies available to them
Includes a detailed section on product liability and the conflict of laws to equip readers with the necessary tools to handle multiple jurisdiction cases which are becoming increasingly common
Takes into account the latest legislation and case-law from a variety of key jurisdictions, including the USA, Australia, New Zealand, Canada, France, and Germany
Product liability is an area of growing importance internationally and the comparative approach offered by this text will ensure that practitioners can operate with confidence when dealing with cases across a wide range of jurisdictions
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Professor Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professor of Comparative Law at Université Paris Dauphine PSL. He is also a barrister practising from 1 Crown Office Row, London.
Professor Richard Goldberg is Chair in Law at Durham Law School, Durham University.
Les mer
The only book to provide comprehensive and authoritative coverage of all the major issues concerning product liability
Analysis of the legal requirements and responsibilities of product manufacturers and retailers allows practitioners to advise their clients on preventative measures and risk management before problems occur
Discusses the rights of those who are injured by defective products and the remedies available to them
Includes a detailed section on product liability and the conflict of laws to equip readers with the necessary tools to handle multiple jurisdiction cases which are becoming increasingly common
Takes into account the latest legislation and case-law from a variety of key jurisdictions, including the USA, Australia, New Zealand, Canada, France, and Germany
Product liability is an area of growing importance internationally and the comparative approach offered by this text will ensure that practitioners can operate with confidence when dealing with cases across a wide range of jurisdictions
Les mer
Produktdetaljer
ISBN
9780199679232
Publisert
2020
Utgave
3. utgave
Utgiver
Vendor
Oxford University Press
Vekt
1962 gr
Høyde
252 mm
Bredde
174 mm
Dybde
60 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
1042