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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


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


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


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


Products Liability

Mauro Bussani, Anthony J. Sebok, and Marta Infantino

in Common Law and Civil Law Perspectives on Tort Law

Published in print:
2022
Published Online:
May 2022
ISBN:
9780195368383
eISBN:
9780199365982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195368383.003.0008
Subject:
Law, Comparative Law

This chapter surveys the development of the products liability law in the United States and in Europe. In particular, it describes the history of products liability law in America, starting from the ... 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 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


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


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