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International Product Law Manual 2013 isbn 9789041138118

International Product Law Manual 2012

Edited by: Arundel McDougall, Prashant Popat

ISBN13: 9789041136763
New Edition ISBN: 9041138110
Previous Edition ISBN: 9789041126382
Published: February 2012
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £319.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This is the first and only ‘one-stop shop’ 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 –¬ including litigation experience in a variety of jurisdictions – clearly define the law in relation to liabilities and responsibilities arising in connection with a potentially ‘defective’ product, and describe what steps to take when handling such a case.

To the three jurisdictions universally recognized as the ‘trendsetters’ in the area of product liability – the European Union, the United States, and Australia – 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 practitioner’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.

The book will be revised annually.

Subjects:
Consumer Law, Tort Law
Contents:
Part I Introduction to Product Liability
Chapter 1 Introduction to Product Liability
Duncan Fairgrieve & Geraint Howells
Part II Overview of Product Liability Law
Chapter 2 An Overview of Product Liability Law in the European Union
Alison Brown & Adela Williams
Chapter 3 An Overview of Product Liability Law in the United States
Thomas E. Riley & Allison M. Alcasabas
Chapter 4 An Overview of Product Liability Law in Canada
Michael Parrish, Avon Mersey, Peter Pliszka, Enrico Forlini & Dominique Gibbens
Chapter 5 An Overview of Product Liability Law in Australia
Peter O'Donahoo, Peter Wood & Penny Harris
Chapter 6 An Overview of Product Liability Law in the People's Republic of China
Willi Vett & Larry Lian
Part III Statutory Product Law in Contract
Chapter 7 The European Union Product Liability Directive
John Meltzer & Dan Armstrong
Chapter 8 United States of America: The Statutory Basis
Harvey Kaplan & John Sherk
Chapter 9 The Statutory Basis/Product Liability Law in Detail: The Commonwealth of Australia
Greg Williams & Leah O'Brien
Chapter 10 Statutory/Product Liability Law in Detail: China
Eugene Chen
Part IV Product Liability Claims in Contract
Chapter 11 Product Liability Claims In Contract: Europe
Julian Acratopulo
Chapter 12 Product Liability Claims In Contract: United States of America
Anne Marie Seibel & Darrell Tucker
Chapter 13 Product Liability Claims in Contract: The Commonwealth of Australia
Amanda Turnill, Leah O'Brien & Melissa Leon
Chapter 14 Product Liability Claims in Contract: The People's Republic of China
Nie Rui
Part V Product Liability Litigation
Chapter 15 Product Liability Litigation: Europe
Arundel McDougall
Chapter 16 Product Liability Litigation: United States of America—The Procedural Law
Joseph K. Hetrick, Elisa T. Wiygul & Alison V. Hawley
Chapter 17 Product Liability Litigation: The Commonwealth of Australia
Colin Loveday, Richard Abraham & Sheena McKie
Chapter 18 Product Liability Litigation: The People's Republic of China
Eugene Chen
Part VI Regulation of Product Liability and Sanctions
Chapter 19 Regulation of Product Liability and Sanctions: Europe
Andrew Kinnier
Chapter 20 Regulation of Product Liability and Sanctions: United States
Tripp Haston & Andrew Johnson
Chapter 21 Regulation of Product Liability and Sanctions: The Commonwealth of Australia
Andrew Morrison & Mary Sheargold
Chapter 22 Regulation of Product Liability and Sanctions: The People's Republic of China
Shaosong Sun
Part VII Product Recall
Chapter 23 Product Recall in the European Unio
Matthew Bradley
Chapter 24 Fifty-State Survey on the Duty to Recall or Retrofit in the United States of America
Christopher Scott D'Angelo
Chapter 25 Product Recall in Australia
Colin Loveday, Richard Abraham & Sheena McKie
Chapter 26 Product R;ecall in the People's Republic of China
Jingzhou Tao
Part VIII Product Liability Insurance
Chapter 27 Product Liability Insurance
Malcolm Sheehan
Chapter 28 Product Liability Insurance for Life Science Companies
James Bird & Mike Brown
Part IX Forum Shopping
Chapter 29 Forum Shopping
Oliver Campbell
Part X Risk Management
Chapter 30 Risk Management: Counting the Cost of Product Recalls
Steve Thompson, Nishad Morjaria & Linda Olivier
Table of Cases
Table of Legislations
Index.