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Liability for Products: English Law, French Law, and European Harmonization

Simon Whittaker

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.001.0001
Subject:
Law, Comparative Law

The EU has been active in attempting to harmonize the laws of product liability and sale of goods to consumers, with the aim of promoting fair competition, developing the internal market, and ... More


The Division of Wrongs: A Historical Comparative Study

Eric Descheemaeker

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.001.0001
Subject:
Law, Comparative Law, Law of Obligations

The common law, despite procedural divisions, has only ever had one class of civil wrongs. The civilians, by contrast, have typically split their law of wrongs in two, one group being called ... More


The Consumer Guarantees Directive and its Implementation in French and English Law

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0019
Subject:
Law, Comparative Law

The second European directive that impacts significantly on liability for products is the Directive on certain aspects of the sale of consumer goods and associated guarantees enacted in May 1999, ... More


General Conclusion

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0020
Subject:
Law, Comparative Law

This chapter offers more general conclusions to the work as a whole in terms of the relationships between the broad bodies of law under consideration and any lessons to be drawn for the harmonisation ... More


The English Law of Sale of Goods

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0010
Subject:
Law, Comparative Law

This chapter discusses English law governing the sale of goods. From the starting point of a general immunity enjoyed by sellers expressed by the catchy (if un-Roman) tag caveat emptor, English law ... More


Employment Law

Mark Freedland

in Principles of French Law

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199541393
eISBN:
9780191701221
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199541393.003.0013
Subject:
Law, Comparative Law

This chapter suggests that French employment law has recently entered an acute phase of rapid and probably quite fundamental change; it is felt that nothing less than un bouleversement (a complete ... More


The Creation and Maintenance of the EEC Directive on Liability for Defective Products and the Process of its Implementation in the UK and France

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0016
Subject:
Law, Comparative Law

This chapter looks in turn at the background to the Product Liability Directive and the key decisions of the European Court of Justice in 2002, which declared that its purpose was to effect ‘complete ... More


A Closer Look at the Product Liability Directive

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0017
Subject:
Law, Comparative Law

This chapter explores the Product Liability Directive’s provisions in more detail, looking at how they have been implemented and interpreted by French and English lawyers. In the case of French law, ... More


Corporate Boards in France

Alain Pietrancosta and Romain Garçon

in Corporate Boards in Law and Practice: A Comparative Analysis in Europe

Published in print:
2013
Published Online:
January 2014
ISBN:
9780198705154
eISBN:
9780191774256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705154.003.0003
Subject:
Law, Comparative Law, EU Law

This chapter looks at how corporate boards in France operate and considers the law governing these boards. The chapter is organized as follows. The first section considers the environment in which ... More


The Patterns of Liability

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0018
Subject:
Law, Comparative Law

This chapter attempts to explain how implementation of the Product Liability Directive has affected the patterns of liability within French and English law. It does so under three main headings ... More


Introduction to Private and Public Liability in English Law

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0008
Subject:
Law, Comparative Law

At a formal level, the English law of liability is at once more unified and more fragmented than its French counterpart. It is more unified because English law does not traditionally distinguish an ... More


Conclusion

Eric Descheemaeker

in The Division of Wrongs: A Historical Comparative Study

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199562794
eISBN:
9780191705533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562794.003.0009
Subject:
Law, Comparative Law, Law of Obligations

This concluding chapter brings together the different threads of the book, recapitulating how Roman law upheld a strong division between fault-based and no-fault liability; how this division was ... More


The English Law Governing Public Services, Private Services and Liability for Products

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0011
Subject:
Law, Comparative Law

Liability of the suppliers of public services in respect of their use or supply of products is governed by the ordinary law of contract and of tort, rather than by any specifically public regimes of ... More


French Law: A Comparative Approach

Eva Steiner

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198790884
eISBN:
9780191833342
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198790884.001.0001
Subject:
Law, Comparative Law

This second edition provides an authoritative, thorough, and updated account of the French Legal System and its internal workings. It explains both the institutions and substantive law along with the ... More


Introduction to the Private and Public Laws of Liability in France

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0002
Subject:
Law, Comparative Law

French law is famous for the sharpness with which it draws the distinction between private law and public (and particularly administrative) law, revealed at the level of the courts’ jurisdiction, as ... More


Translating Part of France’s Legal Heritage: Aubry and Rau on the Patrimoine

Nicholas Kasirer

in Trusts and Patrimonies

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.003.0008
Subject:
Law, Comparative Law

This chapter considers one of the great texts of nineteenth-century French legal literature: an English translation of Cours de droit civil français, a scholarly description of patrimony in French ... More


General Introduction

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0001
Subject:
Law, Comparative Law

This introductory chapter first sets out the purpose of the book, which is to investigate how the law implementing two EC directives–the Product Liability Directive of 1985 and the Consumer ... More


Droit Privé: The Law of Sale

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0004
Subject:
Law, Comparative Law

Even before implementation of the Consumer Guarantees Directive, French law possessed six distinct conceptual bases for finding a seller liable to his buyer in respect of failures of safety, quality, ... More


Public Services, Service Public and Liability for Products

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0007
Subject:
Law, Comparative Law

This chapter explores further the involvement of public elements in French law’s approach to liability for products. It starts by explaining how French law distinguishes between different categories ... More


Fraudes, Homicides and the Role of the Partie Civile

SIMON WHITTAKER

in Liability for Products: English Law, French Law, and European Harmonization

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198256137
eISBN:
9780191681639
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256137.003.0014
Subject:
Law, Comparative Law

This chapter examines the relationship between criminal responsibility for product safety and compensation in French law. It begins by distinguishing two broad questions in setting out the pieces of ... More


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