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Warranties and Disclaimers : Limitations of Liability in Consumer-Related Transactions :  Limitations of Liability in Consumer-Related Transactions - Martin Kurer

Warranties and Disclaimers : Limitations of Liability in Consumer-Related Transactions

Limitations of Liability in Consumer-Related Transactions

By: Martin Kurer (Editor), Stefano Codoni (Editor), Klaus Gunther (Editor), Jorge Santiago Neves (Editor), Lawrence Teh (Editor)

Hardcover Published: June 2002
ISBN: 9789041198563
Number Of Pages: 628

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As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers?These were the fundamental questions addressed by a well-attended seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar--jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel)--consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations. This wealth of material has been compiled and reproduced in this remarkably useful book. Business lawyers will find its insights immensely valuable, whether they are drafting contracts or dealing with potential or actual liabilities virtually anywhere in the world.

List of Contributors
Introduction and Questionnairep. 1
Summaries (Presentations at IBA Meeting 2000 in Amsterdam)p. 9
Legal and Contractual Warranties in Contracts for the Supply of Goods or Servicesp. 11
Consequences of a Breach of Warrantiesp. 19
Disclaimers and Limitation of Liabilityp. 27
Alternative Ways to Reduce Exposure to Liability Risksp. 39
Country Presentationsp. 47
Argentinap. 49
Australiap. 63
Austriap. 91
Belgiump. 113
Brazilp. 133
Canada and Quebecp. 149
Denmarkp. 173
England and Walesp. 193
Francep. 209
Germanyp. 231
Greecep. 249
Indiap. 259
Irelandp. 275
Israelp. 291
Italyp. 305
Japanp. 321
Koreap. 339
Luxembourgp. 353
Malaysiap. 365
The Netherlandsp. 387
Norwayp. 405
The Philippinesp. 419
Portugalp. 433
Russian Federationp. 449
Singaporep. 465
South Africap. 485
Spainp. 499
Swedenp. 519
Switzerlandp. 527
Turkeyp. 545
United Arab Emiratesp. 557
USAp. 567
Vietnamp. 589
Directive 1999/44/EC on Sale of Consumer Goods and Consumer Guaranteesp. 601
Indexp. 609
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041198563
ISBN-10: 9041198563
Series: International Bar Association Series Set
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 628
Published: June 2002
Country of Publication: GB
Dimensions (cm): 24.99 x 16.46  x 3.76
Weight (kg): 1.15

Earn 1263 Qantas Points
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