Product Liability

Hardcover | June 9, 2005

byC J Miller, R S Goldberg

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Product Liability explains the circumstances in 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. The text containsdetailed discussion of relevant aspects of the law of negligence and of the strict liability provisions of the Consumer Protection Act 1987 and the E.C. Directive on liability for defective products on which the Act is based. In any such case, the defect may originate in the production process; beone of design; or be grounded on an alleged failure to issue an adequate warning or directions for safe use. Businesses are increasingly concerned with the public relations implications of such product defects and so this book provides all the necessary information for practitioners to achieve fast,effective solutions for their clients. 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 ofthose who are injured by defective products. This major text provides comprehensive coverage of the law as it has developed in the UK, and also contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. Readers will welcome this comparative approach which iscomplemented by a detailed and authoritative discussion of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws. A chapter with detailed coverage of the conflict of laws has been contributed by Professor Jonathan Harris, University ofBirmingham.

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Product Liability explains the circumstances in 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. The text containsdetailed discussion of relevant aspects of the law...

Professor Miller is Emeritus Professor of English Law at the University of Birmingham and has been an adviser to the National Consumer Council, the Consumers Association, and the OECD. He is an editor of and contributor to Benjamin's Sale of Goods, and a regular contributor to the All England Law Reports Annual Review. He is also aut...

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Format:HardcoverDimensions:1080 pages, 9.69 × 6.73 × 2.37 inPublished:June 9, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198256787

ISBN - 13:9780198256786

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Table of Contents

1. Introduction and Modern Historical OutlinePART I - LIABILITY IN CONTRACT AND FOR MISREPRESENTATIONS2. Privity of Contract3. Express Warranties and Misrepresentations4. Implied terms as to Correspondence with Description, Satisfactory Quality and Fitness for Purpose5. Remedies for Breach of the Implied Terms6. Exemption Clauses and Unfair Contract TermsPART II - STRICT LIABILITY IN TORT7. Introduction to Strict Product Liability8. Persons Subject to Strict Liability9. Products Within the Strict Liability Regime10. The Requirements of a Defect: Introductory Issues11. Manufacturing or Production Defects and Design Defects12. Defects in Warnings or Directions for Use13. Statutory Defences to LiabilityPART III - LIABILITY IN TORT FOR NEGLIGENCE14. The Producer's Liability in Negligence15. The Liability in Negligence of Persons Other than ProducersPART IV - LIABILITY IN TORT: ISSUES COMMON TO STRICT LIABILITY AND LIABILITY IN NEGLIGENCE16. The Types of Damage or Loss Compensated17. Causation, Remoteness of Damage and DefencesPART V - CONFLICT OF LAWS18. Product Liability and the Conflict of Laws - Professor Jonathan Harris, Birmingham UniversityPART VI - PRODUCT SAFETY AND THE CRIMINAL LAW19. Provisions Covering General Product SafetyAPPENDIX 1 - EXTRACTS FROM CONSUMER PROTECTION ACT 1987APPENDIX 2 - COUNCIL DIRECTIVE 85/374/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS, AND ADMINISTRATIVE POSITIONS OF THE MEMBER STATES CONCERNING LIABILITY FOR DEFECTIVE PRODUCTSAPPENDIX 3 - COUNCIL DIRECTIVE 2001/95/EC ON GENERAL PRODUCT SAFETY