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Informationen zum Autor 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. Klappentext Product Liability is a recognized 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. Zusammenfassung 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. Inhaltsverzeichnis 1: Introduction and Modern Historical Outline Part I - LIABILITY IN CONTRACT AND FOR MISREPRESENTATIONS 2: Privity of Contract 3: Express Warranties and Misrepresentations 4: Implied terms as to Correspondence with Description, Satisfactory Quality and Fitness for Purpose 5: Remedies for Breach of the Implied Terms 6: Exemption Clauses and Unfair Contract Terms Part II - STRICT LIABILITY IN TORT 7: Introduction to Strict Product Liability 8: Persons Subject to Strict Liability 9: Products Within the Strict Liability Regime 10: The Requirements of a Defect: Introductory Issues 11: Manufacturing or Production Defects and Design Defects 12: Defects in Warnings or Directions for Use 13: Statutory Defences to Liability Part III - LIABILITY I...
