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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: Pekka Aalto Publisher: Bloomsbury Publishing ISBN: 1847318193 Category : Law Languages : en Pages : 212
Book Description
Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability 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: Olha O. Cherednychenko Publisher: Edward Elgar Publishing ISBN: 1789908116 Category : Law Languages : en Pages : 327
Book Description
This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.
Author: Jane Stapleton Publisher: Cambridge University Press ISBN: 9780406035035 Category : Law Languages : en Pages : 420
Book Description
An erudite and provocative work, Stapleton: Product Liability will be of keen interest to students and teachers on courses in tort, product liability, consumer law, EC law and the philosophical foundations of the common law.
Author: OECD Publisher: OECD Publishing ISBN: 926455954X Category : Languages : en Pages : 218
Book Description
This report contains detailed profiles of twelve of the world’s leading platform companies and derives insights from those profiles about what platforms actually do, how they do it, and why they succeed financially.
Author: Duncan Fairgrieve Publisher: Cambridge University Press ISBN: 9781139448031 Category : Law Languages : en Pages : 392
Book Description
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.
Author: Sanne Pape Publisher: ISBN: 9789490947422 Category : Product safety Languages : en Pages : 0
Book Description
European Union citizens are injured each year while using products. Product liability law can contribute to preventing such damage by the way in which liability requirements in the context of warnings are framed and applied. Underlying these warning issues are a number of legal presumptions about how humans behave and interact with products and with their warnings. Primarily, liability law presumes that warnings can be effective in modifying user behavior. Relative to this is the manner in which courts or litigants evaluate product warnings in European product liability law. To rule more consistently and effectively in warning issues, a solution resides in the use of guidelines in European product liability laws that are based on empirical evidence on how humans interact with warnings. This book undertakes a behavioral approach towards the topic of warnings and product liability. Insights from cognitive psychology and ergonomics are essential for a thorough legal analysis of warnings, as they can shed light on people's abilities and limitations with regard to processing warning information, as well as on how the design of products can contribute to preventing accidents. (Series: Civilology - No. 2)
Author: Christian Campbell Publisher: Lulu.com ISBN: 1435702255 Category : Law Languages : en Pages : 568
Book Description
"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.
Author: James Gobert Publisher: Taylor & Francis ISBN: 1136741518 Category : Law Languages : en Pages : 381
Book Description
When corporations carry on their business in a grossly negligent manner, or take a cavalier approach to risk management, the consequences can be catastrophic. The harm may be financial, as occurred when such well-regarded companies as Enron, Lehman Brothers, Worldcom and Barings collapsed, or it may be environmental, as illustrated most recently by the Gulf oil spill. Sometimes deaths and serious injuries on a mass scale occur, as in the Bhopal gas disaster, the Chernobyl nuclear explosion, the Paris crash of the Concorde, the capsize of the Herald of Free Enterprise, and rail crashes at Southall, Paddington and Hatfield in England.What role can the law play in preventing such debacles and in punishing the corporate offenders? This collection of thematic papers and European country reports addresses these questions at both a theoretical and empirical level. The thematic papers analyse corporate criminal liability from a range of academic disciplines, including law, sociology/criminology, economics, philosophy and environmental studies, whilst the country reports look at the laws of corporate crime throughout Europe, highlighting both common features and irreconcilable differences between the various jurisdictions.
Author: Piotr Machnikowski
Author: Pekka Aalto
Author: Piotr Machnikowski
Author: Magdalena Tulibacka
Author: Olha O. Cherednychenko
Author: Jane Stapleton
Author: OECD
Author: Duncan Fairgrieve
Author: Sanne Pape![International Product Liability [2007] PDF](https://books.google.com/books/content/images/frontcover/tog1PFvQ5rMC?fife=w80-h100)
Author: Christian Campbell
Author: James Gobert