20. Product Liability

2013 ◽  
Author(s):  
Simon Deakin ◽  
Angus Johnston ◽  
Basil Markesinis
Keyword(s):  
Product Liability ◽  
Initial Position ◽  
Duty Of Care ◽  
Minor Role ◽  
Physical Injury ◽  
Liability Law ◽  
Consumer Protection Act ◽  
American Model ◽  
A Minor ◽  
Privity Of Contract

This chapter begins by tracing the evolution of product liability law in England and America. It then discusses the causes of action and components of liability. Liability evolved from an initial position in which the law of negligence played a minor role in compensating victims of dangerously defective products, thanks largely to the ‘privity of contract fallacy’. Donoghue v. Stevenson put an end to this and ushered in the modern, all-embracing duty of care as far as physical injury and property damage are concerned. With the adoption of Directive 85/374/EEC and its subsequent implementation in the form of the Consumer Protection Act 1987, a form of strict or ‘stricter’ liability based on the American model was incorporated into English law.

20. Product Liability

2019 ◽  
pp. 579-620
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Initial Position ◽  
Minor Role ◽  
Physical Injury ◽  
Liability Law ◽  
Consumer Protection Act ◽  
American Model ◽  
A Minor ◽  
Privity Of Contract

This chapter begins by tracing the evolution of product liability law in England and America. It then discusses the causes of action and components of liability. Liability evolved from an initial position in which the law of negligence played a minor role in compensating victims of dangerously defective products, thanks largely to the ‘privity of contract fallacy’. Donoghue v. Stevenson put an end to this and ushered in the modern, all-embracing duty of care as far as physical injury and property damage are concerned. With the adoption of Directive 85/374/EEC and its subsequent implementation in the form of the Consumer Protection Act 1987, a form of strict or ‘stricter’ liability based on the American model was incorporated into English law.

The Harmonisation of European Product Liability Rules: French and English Law

1999 ◽  
Vol 48 (2) ◽  
pp. 419-430 ◽  
Author(s):  
Simon Taylor
Keyword(s):  
Member State ◽  
Consumer Protection ◽  
Product Liability ◽  
Physical Injury ◽  
Liability Rules ◽  
Consumer Protection Act ◽  
French And English ◽  
English Law ◽  
European Product

The 1985 European Communities Directive on Product Liability1aims to harmonise member State product liability rules and to improve the level of protection of victims by basing the liability of producers for physical injury and damage to personal goods on the proof that the victim's damage was caused by a defect in the product supplied. On 19 May 1998, ten years after the deadline for transposition, France finally enacted legislation incorporating the Directive into national law.2The Directive was incorporated into English law by Part I of the Consumer Protection Act 1987.

The Requirement Of A Defect: Introductory Issues

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Product Liability ◽  
Focus Of Attention ◽  
Liability Law ◽  
Consumer Protection Act

The removal of a requirement of proving negligence, which is usually regarded as the distinguishing feature of the system of strict liability introduced by Pt I of the Consumer Protection Act 1987, will in all probability shift the focus of attention to the question of whether the claimant has established that the product is defective. As will be seen, the question gives rise to many difficult issues. Indeed, one writer has observed that ‘the problem of defining defectiveness has exercised the minds of legal scholars perhaps more than any other aspect of product liability law’.

ONE STEP FORWARD AND TWO STEPS BACK IN PRODUCT LIABILITY: THE SEARCH FOR CLARITY IN THE IDENTIFICATION OF DEFECTS

2017 ◽  
Vol 76 (2) ◽  
pp. 233-236
Author(s):  
Jacob Eisler
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Liability Law ◽  
Consumer Protection Act ◽  
One Step ◽  
Product Defect

PRODUCT liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (“CPA”). In Wilkes v Depuy International Ltd. [2016] EWHC 3096 (QB), Hickinbottom J. offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected much of the framework of NBA. However, Wilkes provides little guidance regarding when products should be identified as being defective, reinforcing the need for a more deeply grounded approach.

scholarly journals A REVIEW OF LEGAL PROBLEMS IN MALAYSIAN STRICT PRODUCT LIABILITY LAW – MAQASID SYARIAH AS A WAY FORWARD

2020 ◽  
Vol 5 (2) ◽  
pp. 239-260
Author(s):  
Muhammad Hafiz Mohd Shukri ◽  
Ruzian Markom ◽  
Rahmah Ismail
Keyword(s):  
Qualitative Methodology ◽  
Product Liability ◽  
Civil Liability ◽  
Court Cases ◽  
Legal Research ◽  
Liability Law ◽  
Consumer Protection Act ◽  
Legal Provisions ◽  
Legal Problems ◽  
Product Defect

Background and Purpose: Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law in Malaysia based on the Consumer Protection Act 1999 (Act 599) (hereinafter “CPA 1999”).   Methodology: By applying a doctrinal approach based on qualitative methodology of legal research, this study involved a thorough analysis of the CPA 1999 as well as previous court cases. The findings of this study were analysed using content analysis and critical analysis methods in order to record the similarities and differences which exist, as well as to draw conclusions on the meaning and application of the said law.   Findings: The findings prove that there are several weaknesses in the existing strict civil product liability provisions in Malaysia, which are still unresolved in terms of the meaning of product defect and proof of causation.   Contribution: This paper recommends that any improvements on the legal provisions for strict civil liability under product liability law in Malaysia to be evaluated from a different perspective based on Islamic principles of product liability and the theory of Maqasid Syariah, which has rarely been analysed.   Keywords: Causation, doctrinal, Maqasid Syariah, product liability, strict civil liability.   Cite as: Mohd Shukri, M. H., Ismail, R., & Markom, R. (2020). A review of legal problems in Malaysian strict product liability law – Maqasid Syariah as a way forward. Journal of Nusantara Studies, 5(2), 239-260. http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260

The Effect of Path Length and Display Size on Memory for Spatial Information

2012 ◽  
Vol 59 (3) ◽  
pp. 147-152 ◽  
Author(s):  
Katherine Guérard ◽  
Sébastien Tremblay
Keyword(s):  
Path Length ◽  
Potential Role ◽  
Spatial Information ◽  
Recall Performance ◽  
Minor Role ◽  
Length Effect ◽  
Serial Memory ◽  
Fixed Reference ◽  
A Minor

In serial memory for spatial information, some studies showed that recall performance suffers when the distance between successive locations increases relatively to the size of the display in which they are presented (the path length effect; e.g., Parmentier et al., 2005) but not when distance is increased by enlarging the size of the display (e.g., Smyth & Scholey, 1994). In the present study, we examined the effect of varying the absolute and relative distance between to-be-remembered items on memory for spatial information. We manipulated path length using small (15″) and large (64″) screens within the same design. In two experiments, we showed that distance was disruptive mainly when it is varied relatively to a fixed reference frame, though increasing the size of the display also had a small deleterious effect on recall. The insertion of a retention interval did not influence these effects, suggesting that rehearsal plays a minor role in mediating the effects of distance on serial spatial memory. We discuss the potential role of perceptual organization in light of the pattern of results.

Use of Different Tissue Thromboplastins in the Control of Anticoagulant-Therapy

1958 ◽  
Vol 02 (05/06) ◽  
pp. 462-480 ◽  
Author(s):  
Marc Verstraete ◽  
Patricia A. Clark ◽  
Irving S. Wright
Keyword(s):  
Prothrombin Time ◽  
Anticoagulant Therapy ◽  
Factor Vii ◽  
Rabbit Brain ◽  
Minor Role ◽  
Rabbit Lung ◽  
Coagulation Mechanism ◽  
Time Test ◽  
The One ◽  
A Minor

SummaryAn analysis of the results of prothrombin time tests with different types of thromboplastins sheds some light on the problem why the administration of coumarin is difficult to standardize in different centers. Our present ideas on the subject, based on experimental data may be summarized as follows.Several factors of the clotting mechanism are influenced by coumarin derivatives. The action of some of these factors is by-passed in the 1-stage prothrombin time test. The decrease of the prothrombin and factor VII levels may be evaluated in the 1-stage prothrombin time determination (Quick-test). The prolongation of the prothrombin times are, however, predominantly due to the decrease of factor VII activity, the prothrombin content remaining around 50 per cent of normal during an adequate anticoagulant therapy. It is unlikely that this degree of depression of prothrombin is of major significance in interfering with the coagulation mechanism in the protection against thromboembolism. It may, however, play a minor role, which has yet to be evaluated quantitatively. An exact evaluation of factor VII is, therefore, important for the guidance of anticoagulant therapy and the method of choice is the one which is most sensitive to changes in factor VII concentration. The 1-stage prothrombin time test with a rabbit lung thromboplastin seems the most suitable method because rabbit brain preparations exhibit a factor VII-like activity that is not present in rabbit lung preparations.

Produktivkraft als Versprechen

2016 ◽  
Vol 46 (185) ◽  
pp. 621-638 ◽  
Author(s):  
Christian Siefkes
Keyword(s):  
Private Consumption ◽  
Minor Role ◽  
Progressive Reduction ◽  
Internal Forces ◽  
A Minor

The ‘Fragment on Machines’ from Marx’s Grundrisse is often cited as an argument that the internal forces of capitalism will lead to its doom. But the argument that the progressive reduction of labor must doom capitalism lacks a proper foundation, as a comparison with the ‘Schemes of Reproduction’ given in Capital II shows. The latter, however, aren’t fully convincing either. In reality, more depends on the private consumption of capitalists than either model recognizes. Ultimately, most can be made of the ‘Fragment on Machines’ by reading it not as an exposure of capitalism’s internal contractions, but as a discussion of a possible communist future where labor (or work) will play but a minor role.

Effects of Myo-inositol Alone and in Combination with Seleno-Lmethionine on Cadmium-Induced Testicular Damage in Mice

2019 ◽  
Vol 12 (4) ◽  
pp. 311-323 ◽  
Author(s):  
Salvatore Benvenga ◽  
Antonio Micali ◽  
Giovanni Pallio ◽  
Roberto Vita ◽  
Consuelo Malta ◽  
...  
Keyword(s):  
Structural Changes ◽  
Natural Antioxidants ◽  
Minor Role ◽  
Positive Role ◽  
Testosterone Levels ◽  
Tnf Α ◽  
Testicular Lesions ◽  
A Minor ◽  
Immunohistochemical Analyses

Background: Cadmium (Cd) impairs gametogenesis and damages the blood-testis barrier. Objective: As the primary mechanism of Cd-induced damage is oxidative stress, the effects of two natural antioxidants, myo-inositol (MI) and seleno-L-methionine (Se), were evaluated in mice testes. Methods: Eighty-four male C57 BL/6J mice were divided into twelve groups: 0.9% NaCl (vehicle; 1 ml/kg/day i.p.); Se (0.2 mg/kg/day per os); Se (0.4 mg/kg/day per os); MI (360 mg/kg/day per os); MI plus Se (0.2 mg/kg/day); MI plus Se (0.4 mg/kg/day); CdCl2 (2 mg/kg/day i.p.) plus vehicle; CdCl2 plus MI; CdCl2 plus Se (0.2 mg/kg/day); CdCl2 plus Se (0.4 mg/kg/day); CdCl2 plus MI plus Se (0.2 mg/kg/day); and CdCl2 plus MI plus Se (0.4 mg/kg/day). After 14 days, testes were processed for biochemical, structural and immunohistochemical analyses. Results: CdCl2 increased iNOS and TNF-α expression and Malondialdehyde (MDA) levels, lowered glutathione (GSH) and testosterone, induced testicular lesions, and almost eliminated claudin-11 immunoreactivity. Se administration at 0.2 or 0.4 mg/kg significantly reduced iNOS and TNF-α expression, maintained GSH, MDA and testosterone levels, structural changes and low claudin-11 immunoreactivity. MI alone or associated with Se at 0.2 or 0.4 mg/kg significantly reduced iNOS and TNF-α expression and MDA levels, increased GSH and testosterone levels, ameliorated structural organization and increased claudin-11 patches number. Conclusion: We demonstrated a protective effect of MI, a minor role of Se and an evident positive role of the association between MI and Se on Cd-induced damages of the testis. MI alone or associated with Se might protect testes in subjects exposed to toxicants, at least to those with behavior similar to Cd.

Sign in / Sign up

Export Citation Format

Share Document