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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


Products Within The Strict Liability Regime

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0011
Subject:
Law, Law of Obligations

Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ... 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


Introduction To Strict Product Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0009
Subject:
Law, Law of Obligations

The adoption of the strict liability scheme for defective products by the European Union Product Liability Directive, and its subsequent transposition through Pt 1 of the Consumer Protection Act ... 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


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


Defects In Warnings And Instructions For Use

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0014
Subject:
Law, Law of Obligations

It has long since been recognized that liability in negligence may be incurred where there has been a failure to warn of a product’s dangerous characteristics and there is no shortage of modern ... More


Statutory Defences to Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0015
Subject:
Law, Law of Obligations

Section 4 of the Consumer Protection Act 1987 provides a number of defences to liability which mirror those provided by Article 7 of Council Directive 85/374/EEC (the Product Liability Directive). ... More


Manufacturing Or Production Defects And Design Defects

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0013
Subject:
Law, Law of Obligations

There are generally few difficulties in applying the consumer expectation test of s 3(1) of the 1987 Act to manufacturing or production defects. Thus it can be said that: ‘persons generally are ... 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


Introduction And Modern Historical Outline

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0001
Subject:
Law, Law of Obligations

The expression ‘product liability’ is usually understood to refer to the civil liability of manufacturers and others where damage or loss is caused by products which fail to meet the standards ... More


The Types of Damage or Loss compensated

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0020
Subject:
Law, Law of Obligations

There may be major difficulties in determining the types of damage or loss which will be compensated in product liability litigation and this is so whether the claim is based on the strict ... More


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