scholarly journals Liability from the use of medical artificial intelligence: a comparative study of English and Taiwanese tort laws

F1000Research ◽  
2021 ◽  
Vol 10 ◽  
pp. 1294
Author(s):  
Dennis W. K. Khong ◽  
Wan-Ju Yeh
Keyword(s):  
Artificial Intelligence ◽  
Common Law ◽  
Product Liability ◽  
Tort Law ◽  
Tort Liability ◽  
Suitable Alternative ◽  
Consumer Protection Act ◽  
Safety Regulations ◽  
Advisory Systems ◽  
Negligence Rule

Background: Modern artificial intelligence applications are appearing in healthcare and medical practices. Artificial intelligence is used both in medical research and on patients via medical devices. The aim of this paper is to examine and compare English and Taiwanese tort laws in relation to medical artificial intelligence. Methods: The methodologies employed are legal doctrinal analysis and comparative law analysis. Results: The investigation finds that English tort law treats wrong diagnostic or wrong advice as negligent misstatement, and mishaps due to devices as a physical tort under the negligence rule. Negligent misstatement may occur in diagnosis or advisory systems, while a negligent act may occur in products used in the treatment of the patient. Product liability under English common law applies the same rule as negligence. In Taiwan, the general principles of tort law in Taiwan’s Civil Code for misstatement and negligent action apply, whereas the Consumer Protection Act provides for additional rules on product liability of traders. Conclusions: Safety regulations may be a suitable alternative to tort liability as a means to ensure the safety of medical artificial intelligence systems.

12. Product liability

Tort Law ◽  
2019 ◽  
pp. 352-384
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Tort Law ◽  
Consumer Protection Act

This chapter discusses the ways in which liability for defective products is regulated in tort law and which is primarily regulated by statute. The chapter considers manufacturers’ liability in negligence and the problems claimants may encounter when trying to sue. This leads to a later development relating to product liability—the Consumer Protection Act (CPA) 1987—enacted to ensure better protection of consumers from defective goods by making producers strictly liable for harms caused by the products they market. However, a claimant may still claim in negligence due to the statutory limitations in relation to certain types of claim.

10. Product liability

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

16. Product liability

2018 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Tort Law ◽  
Personal Injury ◽  
Consumer Protection Act

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.

10. Product liability

2019 ◽  
pp. 117-124
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

scholarly journals TORT LAW AND THE MORAL LAW: ANGLO-FRENCH DIVERGENCES

2021 ◽  
Vol 80 (S1) ◽  
pp. S33-S60
Author(s):  
John Bell
Keyword(s):  
Common Law ◽  
Tort Law ◽  
Social Solidarity ◽  
Moral Foundations ◽  
Tort Liability ◽  
French Law ◽  
Moral Law ◽  
State Action ◽  
Inaugural Lecture ◽  
Private Charity

AbstractTunc's inaugural lecture “Tort Law and the Moral Law” in 1972 aimed to set out the moral foundations of tort liability in common law and French law. It triggered exchanges in this Journal with Hamson who challenged Tunc's views. This article explores the context of the debate and then reviews the subsequent developments of English and French law. Both systems have continued on the same path as the protagonists set out in their debate with France deepening its grounding in social solidarity as a justification for tort liability while English law sees its place only in state action or private charity.

10. Product liability

2021 ◽  
pp. 119-127
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987 (CPA 1987), passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA 19876 establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA 1987 include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

16. Product Liability

2015 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Tort Law ◽  
Personal Injury ◽  
Consumer Protection Act

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in the Donoghue v Stevenson case. It discusses the limitations of the tort of negligence and suggests that claimants should bring an action for a defective product under the Consumer Protection Act 1987 because it does not require proof of fault.

12. Product liability

Tort Law ◽  
2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Tort Law ◽  
Consumer Protection Act

This chapter discusses the ways in which liability for defective products is regulated in tort law. It considers manufacturers’ liability in negligence and the problems claimants may encounter when trying to sue. This leads to a later development relating to product liability—the Consumer Protection Act (CPA) 1987—enacted to ensure better protection of consumers from defective goods by making producers strictly liable for harms caused by the products they market.

15. Product Liability

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Consumer Protection Act ◽  
Development Risks ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the statutory strict liability for damage arising from defective products as set out in the Consumer Protection Act 1987 and the EEC Directive on Product Liability. It begins by considering the apportionment of risks associated with products and the development risks defence before turning to similarities between statutory liability and common law liabilities based on negligence and on strict liability. It then looks at the reasons why it is misleading to consider ‘product liability’ in isolation and the concept of defectiveness.

12. Product liability

2021 ◽  
pp. 353-385
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Tort Law ◽  
Consumer Protection Act

This chapter discusses the ways in which liability for defective products is regulated in tort law and which is primarily regulated by statute. The chapter considers manufacturers’ liability in negligence and the problems claimants may encounter when trying to sue. This leads to a later development relating to product liability—the Consumer Protection Act (CPA) 1987—enacted to ensure better protection of consumers from defective goods by making producers strictly liable for harms caused by the products they market. However, a claimant may still claim in negligence due to the statutory limitations in relation to certain types of claim.

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