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

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.

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.

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.

scholarly journals Food Safety and Civil Liability of the Enterprise from the View of Comparative Law

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Nguyen Thi Phuong Cham
Keyword(s):  
Food Safety ◽  
Legal System ◽  
Technology Development ◽  
Product Liability ◽  
Civil Liability ◽  
Comparative Law ◽  
Point Of View ◽  
Legal Provisions ◽  
Legitimate Interests ◽  
Legal Subjects

As a method to protect the rights and legitimate interests of consumers directly, civil liability plays an important role in improving the legal provisions on food safety. However, the legal issues related to civil liability in general nor especially civil liability in the field of food safety are still remain very much debated by the diversity of relationships among the subjects in the process of production, circulation and consumption. The paper focuses on clarifying: (1) Theoretical and practical provisions apply from the point of view of comparative law, thus pointing out the problems that exist in the legal system in general, as in the Vietnamese legal system in particular on civil liability in the field of food safety; (2) Suggest some complete solutions for the purpose of introducing civil liability mechanisms such as: Protecting the rights and interests of consumers in a practical and effective way; Preventing violations of business in the context of science and technology development; Risk dispersion based on the theory of the balance of interests of civil legal subjects. Keywords: Food safety, civil Liability, tort law, product liability. References: [1] Xiang Li, Jigang Jin, Concise Chinese Tort Laws, Springer-Verlag Berlin Heidelberg, 2014. [2] Niwata Noriaki, Sự cố thực phẩm và vấn đề người tiêu dùng, Nghiên cứu thương mại Mitsuda, quyển 27 số 3. [3] Tạp chí án lệ số 307 (1974) 87-101. [4] Nakamura Hiroshi, Vi phạm hợp đồng và phương thức bảo vệ quyền (2), Tạp chí Đại học Doshisha Quyển 32 số 3 (1980). [5] Tạp chí Án lệ số 1109; Tạp chí thời báo án lệ số 1805. [6] Nozawa, Nghiên cứu pháp luật so sánh trách nhiệm đảm bảo khuyết tật Masamishi (6) - Nhật bản. Pháp. EU, Tạp chí Luật học Rikkyo, Số 91 (2015). [7] Suzuki Miyako “Hạn bảo quản và trách nhiệm đảm bảo khuyết tật trong luật Đức” Tuyển tập luận văn đại học ngoại ngữ Tokyo, số 91 (2015). [8] Felix Maultzsch, Hướng phát triển mới về trách nhiệm đảm bảo khuyết tật của người bán trong pháp luật Đức và Liên minh Châu Âu, Tạp chí nghiên cứu pháp luật chính sách, quyển 82, số 2. [9] Katsuhiko Akabori, Luật trách nhiệm sản phẩm và quản lí rủi ro doanh nghiệp, Tạp chí luật học Học viện Kobe, quyển 38, số 3,4 (2009) 35. [10] Uchida, “Bảo hiểm trách nhiệm bồi thường thiệt hại và sự tham gia của doanh nghiệp đến đâu ?”, Tạp chí thứ 6, quyển 26, số 7 (2018).    

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’.

scholarly journals Products Liability As Enterprise Liability

2017 ◽  
Vol 10 (1) ◽  
pp. 41-97 ◽  
Author(s):  
Gregory C. Keating
Keyword(s):  
20Th Century ◽  
Driving Force ◽  
Strict Liability ◽  
Product Liability ◽  
Tort Liability ◽  
Products Liability ◽  
Liability Law ◽  
Product Defect ◽  
Fault Liability

AbstractIn the American legal academy, the prevailing wisdom about the rise of modern products liability law is framed by a debate which took place more than thirty years ago. George Priest’s brilliant 1985 paper The Invention of Enterprise Liability, asserted that modern American products liability law in its formative moment was enterprise liability incarnate, but condemned this commitment as itself a profound defect in products liability law. With rhetoric worthy of a Biblical Jeremiad, Priest argued that the “unavoidable implication of the three presuppositions of [enterprise liability] is absolute liability. The presuppositions themselves do not incorporate any conceptual limit to manufacturer liability.” Priest’s work was both immensely influential and sharply contested. Gary Schwartz, writing independently at first, argued that products liability law was really fault liability all along. According to Schwartz, the “vitality of negligence” was the driving force behind the expansion of tort liability over the course of the 20th century. Negligence conceptions lurked beneath product liability law’s surface embrace of strict liability. Or so Schwartz argued. Product defect liability was strict liability in name, but the risk-utility test of product defectiveness was in fact an aggressive application of negligence criteria.

scholarly journals Legal protection against the existence of "Wetu Telu" traditional society against law number 11/2020 concerning work creation (omnibus law)

2020 ◽  
Vol 8 (1) ◽  
pp. 19-24
Author(s):  
Irham Rahman ◽  
Rizki Yudha Bramantyo
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Field Research ◽  
Traditional Society ◽  
Legal Research ◽  
Legal Provisions ◽  
Legal Problems ◽  
Laws And Regulations

The Wetu Telu indigenous people in Bayan, North Lombok have the traditions of their ancestors that have Islamic nuances and their existence is recognized until now. The existence of indigenous peoples has been recognized and respected by the 1945 Constitution. However, the existence of new laws and regulations on indigenous peoples has again encountered problems that threaten their existence. The Omnibus Law which was recently passed is considered to provide a legal loophole that could displace the existence of indigenous peoples. The purpose of this research is to find out the legal problems of the threat to the existence of the Wetu Telu indigenous people and to know the concept of the Work Creation Act (Omnibus Law) in Bayan Village, North Lombok Regency, West Nusa Tenggara. This research uses juridical empirical or socio-legal research, which is a type of sociological legal research or field research that examines applicable legal provisions. The results of this study show that the normative issue of the Omnibus Law can lead to norm conflicts with other laws regarding the recognition of indigenous peoples in Indonesia.

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