Download or read book European Product Liability written by Piotr Machnikowski and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users. This book is the result of an extensive international research project funded by the Polish National Science Centre. Individual country reports analyze the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development. This, as well as an economic analysis of product liability, makes the book valuable for academics, practitioners, policy makers, and all those interested in the subject. (Series: Principles of European Tort Law) Subject: Tort Law, Private Law]
Download or read book Product Liability Law in Transition written by Magdalena Tulibacka and published by Routledge. This book was released on 2016-04-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.
Download or read book European Laws On PRoduct Liability written by George D. Cameron III and published by . This book was released on 1983 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide to Product Liability written by William Hoffman and published by Springer. This book was released on 1994-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important step towards European legislation pertaining to product liability is the EU Directive of 25 July 1985 or the Council Directive on the Approximation of the Laws, Regulations, and Administrative Provisions of the Member States concerning Liability for Defective Products. While its significance cannot be denied in the pressure it places upon European governments: to enact product liability laws, it still leaves room for diverging domestic interpretations and postponement of genuinely effective legislation by the individual Member States.
Download or read book Product Liability written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2020-05-20 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Download or read book European Product Liability written by Piotr Machnikowski and published by . This book was released on 2014 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Product Liability written by Christopher J. S. Hodges and published by . This book was released on 1993 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of the Product Liability Directive 85/374 has applied a uniform system of strict liability to producers within the EC in addition to the pre-existing fault liability systems. Other countries in Europe are also changing their national laws to bring them into line with the Directive, thereby promoting trade in Europe.
Download or read book Product Liability Prevention Practice and Process in Europe and the United States written by Rudolph Hulsenbek and published by Springer. This book was released on 1989 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Intermediary Liability in Copyright A Tort Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Download or read book International Product Law Manual written by Arundel McDougall and published by . This book was released on 2011-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first and only and‘one-stop shopand’ for lawyers that offers the necessary practical information relating to liabilities in connection with products in the major jurisdictions where the law of product liability is most fully developed and therefore influential worldwide. Thirty-three expert authors with wide-ranging knowledge of product liability law and– including litigation experience in a variety of jurisdictions and– clearly define the law in relation to liabilities and responsibilities arising in connection with a potentially and‘defectiveand’ product, and describe what steps to take when handling such a case. To the three jurisdictions universally recognized as the and‘trendsettersand’ in the area of product liability and– the European Union, the United States, and Australia and– is added China, as its emerging industrial influence on the rest of the trading world and its nascent product liability laws make it essential to consider. Opening with summaries of the law in each of these four jurisdictions (plus Canada), the work proceeds to examine such aspects of product liability law as the following: differences in each jurisdiction among the key practice areas of contract, tort, statute, and regulation; the leading case law underpinning the principles in play in each jurisdiction; the legal implications and demands of product recalls; product liability insurance from legal and industry perspectives; forum shopping; and product risk management. Topics demonstrating the application of the law in practice provide an understanding of how the product liability systems of the jurisdictions covered actually work. In sum, this is an incomparable practitionerand’s guide to essential elements of the laws of product liability, primarily in Europe, North America, and China, but which will be useful virtually anywhere in the world. For product liability specialists this book will occupy an essential place among their resources. For most lawyers, who will be involved in product liability issues of one type or another at some stage in their career, this book will provide the essential quick groundwork whenever occasion arises. Among the many sophisticated academic works, comparative analyses across jurisdictions, and countless commentaries on the law of individual jurisdictions, this book is unique in its direct practical usefulness.
Download or read book Tendencies in Product Liability in Europe and America written by Wilhelm Zeller and published by . This book was released on 1981 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Product Liability written by Kelly and published by Bloomsbury Professional. This book was released on 1997-12-01 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a useful overview of producer liability for defective goods throughout Europe. It is designed for both lawyers and businessmen as a practical guide and is written from the manufacturer's rather than the claimant's standpoint. Leading practitioners contribute individual chapters on the national laws in: Austria; Belgium; Denmark; Finland; France; Germany; Greece; Ireland; Italy; Luxembourg; the Netherlands; Norway; Portugal; Spain; Sweden; Switzerland; and the United Kingdom. Each chapter includes: an overview of the law relating to defective products; liability in contract, tort and for breach of statutory duty; special liabilities arising in respect of particular producers; how the EC Product Liability Directive has been implemented and its impact on existing law and risk management and the implementation (or otherwise) of the Directive relating to general supply of consumer products (92/59/EEC). It also covers the EC Product Safety Directive and other safety related directives."
Download or read book Beyond European Product Liability written by Mireia Artigot-Golobardes and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis takes a global approach to analyzing, discussing and critiquing the effectiveness of product liability law in Europe. The thesis approaches the study of European product liability law beyond the main product liability instruments themselves. It first offers a purely legal analysis, based on the content, effects and judicial interpretation of the European product liability directive and on the procedural context in which it is framed. Second, it analyzes the directive's effects on accident deterrence, examining the interaction between Europe's ex post liability laws and ex ante safety regulations from theoretical as well as practical perspectives. Third, the thesis analyzes the effectiveness of ex post liability as a mechanism for compensating the victims of product-related accidents in Europe. This last issue of victim compensation reaches beyond tort law to include alternative sources of compensation, such as public and private insurance. Social insurance systems, in particular, arise as the major mechanism of compensation in Europe, and for this reason the compensation of product-related accident victims proves to be one of the issues that differentiates the role, development and effectiveness of product liability law in Europe from the U.S. experience. Using the European product liability directive as the starting point and focus of analysis, this thesis contributes to the literature by shifting the analysis from the product liability directive itself to the more general question of product regulation in Europe.
Download or read book European laws on product liability written by George Dana Cameron and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Product Liability in Comparative Perspective written by Duncan Fairgrieve and published by Cambridge University Press. This book was released on 2005-10-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.
Download or read book Tort Law in the European Union written by Gert Brüggemeier and published by Kluwer Law International B.V.. This book was released on 2018-06-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Download or read book International Product Liability 2007 written by Christian Campbell and published by Lulu.com. This book was released on 2007-10-29 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International Product Liability", 2007 edition, with nearly 600 pages, offers contributions from 18 jurisdictions in Australasia, Europe, and North America. Expert practitioners clearly set out the liabilities and obligations of manufacturers, the defenses to and limitations of their liability, and the role of product liability insurance in international trade. The publication is replaced by updated volumes annually. Purchase of print version includes CD version and 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.
