INTERNATIONAL PRODUCT LIABILITY VOLUME 1PDF电子书下载

Volume 1

Introduction(Issued May 2006) 23

Introduction 23

Product Liability Law in Europe 25

Product Liability Law in the United States 33

Comparative Analysis of American and European Approaches 38

Towards a Reform of European Products Liability Law 40

Continued Relevance of Conflict of Laws 45

Australia（Issued May 2006) 51

Introduction 51

Theories of Manufacturers' Liability 51

Factors Which Define the Concept of Defect 58

Obligations to Warn or to Recall Defective Products 60

Defenses Available to the Manufacturer 61

'Proximate Cause'Limits 64

Others Affected by Product Liability Rules 65

Remedies 67

Exclusion or Limitation of Contractual Liability 69

Statutes of Limitations 70

Liability of Successor Corporations 71

Insurance 71

Role of Courts and Lawyers 73

Austria（Issued May 2006) 75

Introduction 75

Historical Evolution 76

Purpose of the PHG 78

Product and Defective Product 79

Warning and Recall Obligations 81

Defenses 82

Defect as'Proximate Cause' 84

Liable Persons 84

Remedies 88

DisclaimerClauses 89

Statutes of Limitation 90

Liability of Corporate Successors 90

Insurance 91

Role of the Courts 92

Canada（Issued June 1993) 93

Theories of Liability 93

Concept of4 Defect' 100

Duty to Warn 102

Duty to Recall 105

Defenses 106

Proximate Cause 115

Parties to the Action 117

Remedies 121

Disclaimer Clause 126

Implications of Statutes of Limitation 129

Liability of Corporate Successors 131

Insurance 133

Class Actions 136

Role of Courts and Lawyers 140

Denmark（Issued May 2006) 143

Introduction 143

Theories of Liability 144

Negligence 145

Fraud or Misrepresentation 147

Warranty 147

Strict Liability 148

Concept of Defect 149

Defenses 155

Liability in the Chain of Commerce 157

Remedies 158

Limitations 160

Successor Liability 160

Insurance 161

Product Liability Litigation 165

Appendix 167

England(Issued June 1993) 169

Negligence 169

Breach of Other Civil Duties 172

Fraud or Misrepresentation 174

Contract 176

Impact on Third Parties 182

Strict Liability 183

The Concept of Defect 188

Obligations to Warn and Recall 190

Defenses 193

Proximity: Causation and Remoteness of Damage 201

Impact of Product Liability Considerations 203

Damages 207

Limitations and Disclaimers 213

Limitation of Actions 217

Product Liability and the Corporate Structure 221

Insurance 222

Role of Courts and Lawyers 227

France（Issued June 1993) 231

Introduction 231

Theories of Liability 232

Tort Liability 245

Concept of Defect 249

Warnings or Recall of Defective Products 250

Defenses 252

Proximate Cause 256

Chain of Distribution 257

Remedies 259

Disclaimers and Limitations 261

Statutes of Limitation 262

Liability for Corporate Successors 263

Insurance 264

Role of the Court and Lawyers 266

Germany(Issued June 1993) 269

Introduction 269

Contractual Claims 269

Tort Liability for Negligence 273

Absolute Liability and the New Law 280

Insurance 285

Recourse when Several Persons Liable 285

Criminal Responsibility for Product 286

Greece(Issued June 1993) 289

Introduction 289

Pre-1991 Legislation and the Civil Code 290

Law for Protection of the Consumer 292

Italy(Issued January 1996) 295

Introduction 295

The Concept of Defect 298

Exclusion Clauses 300

Duty to Warn 301

Useful Disclaimers and Limitations 302

Defenses and Exemption 304

Remedies 306

Statutory of Limitation 307

Extension of Liability to Corporate Successors 308

Insurance 309

The Role of the Court and of Lawyers 310

Luxembourg(Issued June 1993) 313

Introduction 313

Bases of Manufacturers Liability 313

Concept of Defect 325

Liability for the Defect 329

General Defenses 332

Recoverable Damages 341

Clauses Limiting or Excluding Liability 345

Time Limits 347

Insurance 350

Courts and Lawyers 351

The Netherlands{Issued May 2006) 353

Introduction 353

Incorporation 354

Transitional Law 355

Product Liability Ex Articles 185 Et Seq 356

Concurrence of Legal Bases 374

Proceedings 378

Insurance 380

Conclusion 381

New Zealand{Issued May 2006) 383

Introduction 383

Manufacturer's Liability in New Zealand 384

Concept of Defect 396

Defenses 401

Causation 403

Onus of Proof 404

Parties Affected by Product Liability Law 405

Remedies 406

Exclusion Clauses 411

Limitation 416

Corporate Personality 417

Product Liability Insurance 417

Litigation in New Zealand 418

Conclusion 419

Norway(Issued May 2006) 421

Theories of Liability 421

Concept of Defectiveness 433

Remedies After Marketing 437

Defenses 438

Causal Connection 442

Other Suppliers'Liability 444

Damages 447

Disclaimers and Limitations on Liability 450

Statutes of Limitation 450

Corporate Successors 452

Insurance 454

Litigation 457

Portugal(Issued June 1993) 465

Introduction 465

Manufacturers Liability:Strict Liability 467

The Concept of Defect 467

Duty of Information 469

Defenses 470

Concept of Manufacturer 472

Damages and Remedies 474

Limitation Period and Lapse of Rights 475

Spain(Issued June 1993) 477

Introduction 477

Contract 477

Civil Code 478

General Law for Defense of Consumers and Users 480

Insurance 488

Sweden(Issued May 2006) 491

Introduction 491

Product Liability 491

Contractual Liability 494

Non-Contractual Liability 496

Concept of Defect 497

Obligation to Ward or Recall 498

Defenses 499

Who Can Be Liable? 500

Remedies 501

Disclaimers and Limitations 503

Statutes of Limitation 503

Corporate Successors 504

Product Liability Insurance 504

Courts and Lawyers in Liability Litigation 506

Switzerland(Issued July 1995) 509

Introduction 509

Tort Liability 510

Contractual Liability 512

Defects 514

Defenses 516

Proximate Cause 518

Affected Persons in Commerce 519

Remedies 521

Limitation and Exclusion Clause 527

Statute of Limitation 528

Succession of Enterprises 529

Role of Insurance 529

Role of Court and Attorneys 530

Choice of Law and Forum 531

Future Developments 533

United States(Issued June 1993) 535

Introduction 535

Theories of Liability 537

Defenses 549

Proximate Cause 554

Liability of Others in the Chain of Distribution 556

Remedies 557

Disclaimers and Limitations on Remedies 562

Statutes of Limitation 563

Liability of Corporate Successors 564

Role of Insurance in Product Liability Matters 565

Role of the Court and Lawyers 567

European Community(Issued May 2006) 569

Introduction 569

Theory of Products Liability 570

Affected 'Products' 570

Definition and Types of 'Defect' 572

Liable Parties 573

Parties Entitled to Recovery 574

Types of Remedies and Extent of Recovery 575

Questions of Evidence 576

Limits of Liability 577

Other Remedies 578

Disclaimer 579

Transformation of the EC Directive 579

Further Developments in the European Community 582

Appendix 584