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Borderlines in Private Law

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Product Liability in Comparative Perspective

Edited by: Duncan Fairgrieve

ISBN13: 9780521847230
ISBN: 0521847230
Published: October 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



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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 recent 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.

Subjects:
Consumer Law
Contents:
Foreword Sir Michael Burton
1. Introduction
Duncan Fairgrieve and Luis Gonzalez Vaque
Part I. Country Reports:
2. The use of comparative law
Michael Brooke, Ian Forrester, Nicholas Underhill and Sir Michael Burton
3. Spanish product liability today - adapting to the 'new' rules
Miquel Martin-Casals
4. Interaction between the European directive on product liability and the former liability regime in Italy
Eleonora Rajneri
5. L'Exception Francaise The French law of product liability
Duncan Fairgrieve
6. German product liability law
Stefan Lenze
7. Dutch case law on the EU Cees
C. van Dam
8. Defect in English Law - lessons for the harmonisation of European product liability
Geraint Howells
Part II. European Influences:
9. Product liability
Hans Claudius Taschner
10. The development risks defence
Mark Mildred
11. Approaches to product liability in the EU and Member States
Christopher Hodges
12. Product liability - a history
Geraint Howells
Part III. Comparing Systems:
13. Harmonisation or divergence
Simon Taylor
14. Product liability law in Centre Europe and the true impact of the product liability directive
Magdalena Sengayen
15. Bugs in Anglo-American products liability
Jane Stapleton
16. Comparing product safety and liability law in Japan
Luke Nottage
Appendix.