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Product Liability - C J Miller

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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 contains detailed 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; be one 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 of those 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 is complemented 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 of Birmingham.

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 IN TORT FOR NEGLIGENCE 14: The Producer's Liability in Negligence 15: The Liability in Negligence of Persons Other than Producers PART IV - LIABILITY IN TORT: ISSUES COMMON TO STRICT LIABILITY AND LIABILITY IN NEGLIGENCE 16: The Types of Damage or Loss Compensated 17: Causation, Remoteness of Damage and Defences PART V - CONFLICT OF LAWS 18: Product Liability and the Conflict of Laws - Professor Jonathan Harris, Birmingham University PART VI - PRODUCT SAFETY AND THE CRIMINAL LAW 19: Provisions Covering General Product Safety 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

ISBN: 9780198256786
ISBN-10: 0198256787
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 1176
Published: 1st June 2004
Country of Publication: GB
Dimensions (cm): 25.1 x 17.5  x 6.3
Weight (kg): 2.03
Edition Number: 2
Edition Type: Revised