Product Liability by Duncan FairgrieveProduct Liability by Duncan Fairgrieve

Product Liability

byDuncan Fairgrieve, Richard S. Goldberg

Hardcover | February 14, 2018

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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 aredefective 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 thenecessary 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 Directivewhich 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 andthis 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 pharmaceuticalsand 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 issueswhich arise in transnational litigation involving problems of jurisdiction and the choice of laws.
Dr Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London; Maitre de Conferences, Sciences Po Paris; Barrister, 1 Crown Office Row. Professor Richard S Goldberg is Chair in Law, Durham Law School, Durham University, Solicitor.
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Title:Product LiabilityFormat:HardcoverDimensions:1112 pages, 9.69 × 6.73 × 0.03 inPublished:February 14, 2018Publisher:OUPLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199679231

ISBN - 13:9780199679232

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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