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Author: Piotr Machnikowski Publisher: ISBN: 9781780683980 Category : EU-ret Languages : en Pages : 0
Book Description
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]
Author: Piotr Machnikowski Publisher: ISBN: 9781780683980 Category : EU-ret Languages : en Pages : 0
Book Description
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]
Author: Magdalena Tulibacka Publisher: Routledge ISBN: 1317075390 Category : Law Languages : en Pages : 294
Book Description
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.
Author: William Hoffman Publisher: Springer ISBN: 9789065448507 Category : Law Languages : en Pages : 0
Book Description
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.
Author: Duncan Fairgrieve Publisher: Oxford University Press ISBN: 0191669946 Category : Law Languages : en Pages : 1112
Book Description
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.
Author: Christopher J. S. Hodges Publisher: ISBN: Category : Law Languages : en Pages : 824
Book Description
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.
Author: Christina Angelopoulos Publisher: Kluwer Law International B.V. ISBN: 9041168419 Category : Law Languages : en Pages : 594
Book Description
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.
Author: Arundel McDougall Publisher: ISBN: 9789041136763 Category : Products liability Languages : en Pages : 0
Book Description
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.
Author: Piotr Machnikowski
Author: Piotr Machnikowski
Author: Magdalena Tulibacka
Author: George D. Cameron III
Author: William Hoffman
Author: Duncan Fairgrieve
Author: Piotr Machnikowski
Author: Christopher J. S. Hodges
Author: Rudolph Hulsenbek
Author: Christina Angelopoulos
Author: Arundel McDougall