Product LiabilityCambridge University Press, 1994 - 384 páginas Part 1 of the Consumer Protection Act 1987 implemented an EEC Directive which created the most important new statutory liability in the post-war era in the UK. The author takes this development as her starting point in an investigation into the nature of product liability and beyond, into a consideration of important general topics in civil liability today. The first part of the book deals with the doctrinal history of the new Act, then goes on to consider the larger picture, viz. the impact of EC membership on the legislative freedom of Member States, and the contrasting dynamics of US civil liability. Part 2 evaluates the usefulness of abstract theories of civil liability from the perspective of a tort lawyer concerned with detailed legal rules; part 3 analyses where and why instability may arise in legal regimes of limited scope and in broader liabilities such as negligence. |
Contenido
Product liability law reform | 3 |
The 1970s to the present | 29 |
Evolution of UK product liability doctrine and | 37 |
b The 1985 Directive | 49 |
Developments outside the US and the | 64 |
Liability as an economic strategy | 90 |
Critique of wealth maximization | 118 |
Noneconomic theories of liability | 163 |
Gaps in the theoretical basis of the Directive | 218 |
The defect requirement | 233 |
Relatively stable boundaries | 275 |
Specific sources of instability | 303 |
Some conclusions | 341 |
The European Communities Directive | 360 |
| 375 | |
A new theory of strict moral enterprise liability | 185 |
Términos y frases comunes
able action activity allow apply approach argue argument avoider bargaining basis benefits buyer causal cause Chapter civil claims Commission common compensation concern condition conduct consumer context contract costs course courts cover damage defective defendant Directive distribution doctrine economic effect efficiency enterprise European example exclusion expectations fact factors fails given goal heading held idea implied important imposed initial injuries issue justice justify later least liability rule limited loss manufacturer means Member moral negligence outcome particular party person personal injuries plaintiff possible potential prevention problem product liability profit protection question reasonable reflected reform regime relation relevant requirement respect responsibility result risk rule safety seems seen social standard strict liability suppliers supply theory tion tort Tort Law transaction victim warranty
Referencias a este libro
Policy Issues in Insurance Insurance and Expanding Systemic Risks OECD Sin vista previa disponible - 2003 |
Dimensions of Private Law: Categories and Concepts in Anglo-American Legal ... S. M. Waddams Vista previa limitada - 2003 |